General Equipment Provisions (250-RICR-90-00-6)


250-RICR-90-00-6 ACTIVE RULE

6.1 Purpose

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.

6.2 Authority

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.

6.3 Application

The terms and provisions of these Rules and Regulations shall be liberally construed to permit the Department to effectuate the purposes of state law, goals, and policies.

6.4 Definitions

See Rhode Island Marine Fisheries Regulations, Part 1 of this Subchapter.

6.5 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.

6.6 Superseded Rules and Regulations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Rules and Regulations, and any policies regarding the administration and enforcement these regulations shall be superseded.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.

6.7 General

A. Recreational use of nets for bait:

1. Marine species may lawfully be taken for personal use (not for sale) with nets, provided that all existing minimum size and possession limit restrictions for the species possessed are adhered to.

2. A two-quart per person possession limit is authorized for all un-regulated marine species any marine species that is not regulated by size, possession, and/or season.

3. Beach seines or other nets used for the recreational harvest of marine species shall not exceed four (4) feet in depth and twenty (20) feet in length.

B. Obstruction of migratory fish passage: No person shall obstruct the free passage of anadromous or catadromous fish in any marine waters, river, or stream of the State of Rhode Island.

C. 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. (ref. 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. (ref. 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 foot (1') square; or a clearly painted buoy shall be set at the highest point on the vessel excluding the mast and be visible for 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 (ref. R.I. Gen. Laws § 20-7-11.1(b)).

6. Escape vents: Hinges or fasteners of one panel or door must be made of one of the following degradable materials:

a. Un-treated hemp, jute, or cotton string 3/16” (4.8mm) or smaller.

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

c. Un-galvanized or uncoated iron wire of .094" (2.4mm) 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.

6.8 Commercial netting

6.8.1 Prohibited areas (waters) for all commercial netting:

A. All netting, except licensed fish traps are prohibited in the Harbor of Refuge and within one hundred (100) yards of the Harbor of Refuge breakwater;

B. In all coastal salt pond channels;

C. In Point Judith Pond in the towns of South Kingstown and Narragansett in the following locations:

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

2. 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.

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

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

E. In the Narrow River in the following locations:

1. Within three hundred (300) yards of the seaward entrance to the river;

2. Between Middle Bridge and a point located eight hundred (800) feet north of Bridgetown Road Bridge;

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

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

F. 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 annually.

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

6.8.2 Trawling Devices:

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 splitting strap and one 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 (50) percent 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. Trawling ground gear: The use of rollers, rockhoppers or discs greater than twelve (12) inches in diameter is prohibited while fishing in Rhode Island waters.

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 Trawling 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.

c. The Upper Narragansett Bay Trawling Area is designated a Marine Life Management Area pursuant to R.I. Gen. Laws § 20-3-4, and is described as the waters north of a line extending from Spink Neck in the Town of North Kingstown to Pine Hill Point on Prudence Island, and from Homestead Dock on the easterly shore of Prudence Island to the Hog Island Shoal Light in the Town of Bristol; and south of a line extending from Sandy Point to the southern tip of Warwick Point in the city of Warwick; and from the dock at Rocky Point in the city of Warwick to the southern tip of Poppasquash Point to Hog Island Shoal Light in the town of Bristol.

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

3. In the Upper Sakonnet Marine Life Management Area. The Upper Sakonnet River is designated a Marine Life Management Area pursuant to R.I. Gen. Laws § 20-3-4 and is described as the waters of the Upper Sakonnet River north of a line extending from McCurry Pt. in Portsmouth to the southern end of Jack's Island (so-called) in Tiverton, and south of the Sakonnet River Bridge (Rt. 24).

4. In all coastal salt ponds, except for otter trawling in Charlestown Pond and Quonochontaug Pond in accordance with these regulations.

D. Otter Trawling:

1. Areas prohibited:

a. Charlestown Pond: Otter trawl­ing is pro­hib­ited on Sat­ur­days, Sundays, and legal State holidays, south of a line extending from Marsh Point and Horse­shoe Point on the Arnolds shore; west of a line extending from DEM markers located on Marsh Point and Marsh Neck Point; and east of a line extending from the east shore of the Foster Cove channel and a DEM marker located on the barrier beach;

b. Quonochontaug Pond: Otter trawl­ing is pro­hib­ited on Sat­ur­days, Sundays, and legal State holidays, south of a line extending from a DEM marker located at the southernmost end of Quahaug Point to the north­ern end of Nopes (Barn) Island; and east of a line extending south from Quahaug Point to a DEM marker located on the barrier beach;

c. In Potter Pond in its entirety.

d. No person shall utilize an otter trawl between November 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 the easternmost extension of Carrier Pier in North Kingstown to Conanicut Pt. in Jamestown, thence to the tips of the T Pier on Prudence Island to Carr's Point in Portsmouth;

(2) In the Sakonnet River north of a line from Sachuest Pt. in Newport to Sakonnet Point in Little Compton;

(3) In Quonochontaug and Charlestown Pond in their entireties.

6.8.3 Gill netting

A. Gill netting for bait:

1. Bait gill nets must be clearly labeled with the name of the person setting or tending the net and be constantly tended. No person shall set, haul, and/or maintain a gill net for bait so as to obstruct the free passage of fish in Rhode Island coastal waters, streams, rivers, or bays.

2. A bait gill net shall not exceed one hundred (100) feet nor exceed a mesh size greater than three and three quarters inches (3 3/4") (stretched).

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

1. In all coastal salt ponds;

2. In the Pawcatuck River;

3. In Little Narragansett Bay;

4. Within one and one half (1-1/2) miles south (true) and west (true) of Napatree Point;

5. Within one half (½) mile in both directions of the seaward entrance to a coastal salt pond channel, and for a distance of three hundred (300) yards seaward, when such coastal salt pond is open to the sea;

6. Within one half (½) mile of Block Island between April 15 and November 15 annually.

7. Within fifty (50) yards of the entire Rhode Island coastline (mean high water line) during the period October 15 - December 31, annually.

8. Within fifty (50) yards of the Rhode Island coastline (mean high tide line) in the following areas:

a. From Monahan's Dock breakwater (State Pier #5) to the southernmost tip of Matunuck Pt. (Carpenter's Bar);

b. In Narragansett Bay north of the Colregs line, including Mt. Hope Bay;

c. In the Sakonnet River;

d. From the southern tip of Sachuest Point to the juncture of Second Beach and Sachuest Point; and,

e. From the southwest corner of Price's Neck to Castle Hill Light House.

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

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

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

F. No person shall set, haul, and/or maintain a gill net in R.I. State waters during the month of March, annually.

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

H. Marking of nets 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) 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 nets:

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

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

3. Eligibility: Gill net tags are available only to a multipurpose license holder with gill net endorsement.

4. Only one 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) tags shall be in the water at any one time. No person shall possess at any one time more tags than are authorized.

6. Nets are required to be tagged beginning January 1, 2017. The current valid tags are colored orange and will be valid through February 28, 2021.

7. Tags shall be attached to every string of gill nets as follows: one tag shall be attached on each of the two terminal ends, at the bridle of each end net panel; and one tag shall be attached on every other bridle of each net panel within the string.

8. No person shall transfer gill net tags between nets or between individuals or vessels.

9. 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 7 days.

K. Weak link and anchor requirements for gillnets 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 of the two configurations required by the NOAA Fisheries Atlantic Large Whale Take Reduction Plan.

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

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

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

1. A floating gill net 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. Additional area specific regulations:

1. No person shall set, haul, and/or maintain a gill net in Narragansett Bay, Mount Hope Bay, or Sakonnet River, north of the Colregs line, which does not meet the following specifications:

a. Maximum length: A single gillnet, or series of connected gillnets, shall not exceed three hundred (300) feet.

b. Spacing: No gillnet shall be set within one hundred fifty (150) feet of shore at mean low water, or within two thousand (2000) feet of another gillnet.

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

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

b. Setting pattern: Each gillnet shall be set perpendicular to the shore.

c. Spacing: No gillnet shall be set within two thousand (2000) feet of another gillnet.

3. Waters between one half (1/2) nautical miles and three (3) nautical miles from the Rhode Island coast (mean high tide line):

a. No gill net shall be set within two thousand (2000) feet of another gillnet during the period from April 1 to October 1.

b. Marking:

(1) 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) x sixteen (16) inches on the westernmost end as measured on a compass circle from magnetic south through west to, and including, north and one orange or fluorescent orange floats with a size of nine (9) x 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 orange or fluorescent orange floats with a size of nine (9) x sixteen (16) inches should be placed on the southernmost end.

(2) A series of connected gillnets 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) x sixteen (16) inches and a radar reflective highflyer at each end. One 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.

6.8.4 Fyke nets

A. The fyke net must be permitted by DEM prior to being placed in the marine waters of the State. Persons applying for such permit shall provide the dates of use, location, and net measurements.

B. 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 (2½) inches.

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

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

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

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

6.8.5 Seine nets

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 three hundred (300) yards seaward, when the coastal salt pond is open to the sea.

6.8.6 Fish traps

A. Permit required: No person shall set a fish trap in the public waters of the state without first obtaining a permit as provided in these regulations. (R.I. Gen. Laws § 20-5-1).

B. Eligibility: A permit may be issued to any resident of this State or to any corporations incorporated in the State 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. Application: Application for a fish trap permit shall be made on forms as prescribed by the Director.

D. Expiration and renewal of permits:

1. 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 year thereafter.

2. On termination of any permit, the Director may renew the permit by issuing a new permit in place of the permit.

3. Eligibility: Application for permit renewal shall be made within ten (10) days before its termination. Failure to apply for a permit renewal shall allow for a permit application in location as specified in the permit by any other person (R.I. Gen. Laws § 20-5-9).

E. Exclusive right of permittee; assignment of permit:

1. The holder of any 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 a 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).

F. Report as to traps placed; failure to occupy location; removal of permit from State: On or before the tenth day of January in each year every person holding a permit pursuant to this chapter shall notify the DEM in writing, under oath, what traps were placed under the permit during the preceding calendar year. Failure to furnish this information makes the permit null and void after that date. Failure to place a complete fish trap on a permitted location for a part of one calendar year may, in the discretion of the Director, make the permit for the fish trap null and void; and the location will then become available for any suitable applicant. A permit for a fish trap location becomes null and void upon the removal of the holder from the State (R.I. Gen. Laws § 20-5-13).

G. Removal of trap on cessation of use; closed season; damaged or dilapidated traps: Upon ceasing to use any fish trap as authorized, that structure shall at once be removed by the owner at the owner's expense and to the satisfaction of the Director. Failure to remove it shall be considered sufficient grounds for prosecution of the owner for maintaining a public nuisance or for revocation of the fish trap permit. Unless otherwise specified by regulations, all fish traps authorized in this chapter shall be completely removed by or before the last day of December of each year; and no fish trap shall be reset before the first day of the following March. All submerged or broken stakes must be promptly removed. Any fish trap damaged or allowed to get into a dilapidated condition will be regarded as abandoned unless promptly removed or rebuilt. Failure to do this will subject the owner to prosecution and forfeiture of the trap (R.I. Gen. Laws § 20-5-14).

H. Reporting requirements: On or before the tenth day of January of each year, each licensee/fish trap operator shall submit a written report to the DEM, indicating those locations where the licensee shall be setting fish traps during the upcoming fishing season. These locations shall be identified by GPS, LORAN and/or latitude and longitude coordinates and shall also 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. Failure to provide this information makes the fish trap operator’s license null and void. Based on the reports of fish trap locations, the DEM shall develop a graphic chart displaying fish trap locations annually by June 1 for distribution to the public.

I. 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.

J. Sub-leasing of permitted fish trap locations: It is prohibited to sub-lease or allow any other person to use a permitted fish trap location; any violation of this prohibition shall make the permit for the fish trap null and void (R.I. Gen. Laws §§ 20-5-10(b), 20-5-13).

K. 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,” shall be permitted (R.I. Gen. Laws § 20-5-7).

L. 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).

M. 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).

N. 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).

O. Navigational Aids to Fish Traps and Appurtenances:

1. Licensees must comply with the following requirements; failure to comply shall make license null and void. All floating fish traps deployed within Rhode Island State waters 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 trap or its appurtenances in the following locations: one 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.

2. Floating fish traps located at sites 13F, 26C, 25B, 398, 120-19, 122-19, 383-19, 75A, 68B, 69B, 400-23, and 475-30 shall be marked as specified by the United States Coast Guard in its communication to the Department dated September 13, 2005. Specifically, site 13F shall be marked with a 5th class buoy with a four (4) second flashing light. Site 26C shall be marked with a 5th class buoy with a six (6) second flashing light. 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. Sites 398 and 383-19 shall be marked with an unlit 5th class buoy. Sites 75A, 69B, 475-30 and 68B shall be marked with an unlit 6th class buoy. Sites 122-19 and 400-23 shall be marked with a 5th class buoy with a two and one half (2.5) second flashing light. Each of the above-described buoys shall be positioned within one hundred (100) feet of the head of the floating fish trap and its appurtenances.

P. 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 Newport and Middletown within the area designated for floating fish traps by the Army Corp of Engineers:

a. Sites 13B, 13C, 13D, 13E, and 13F, located in a line extending southeasterly at approximately 135° beginning at Seal Rock (41° 26’39”N, 71° 20’49”W) so-called, and ending at approximately 41° 25’1”N, 71° 18’0”W;

b. Sites 26A, 26B, 26C, and 26D located in a line extending southeasterly at approximately 135° from Flat Rock (41° 27’03”N, 71° 18’24”W) so-called, and ending at approximately 41 26’15”N, 71 17’0”W;

c. Sites 111 and 112 located in a line extending southwesterly at approximately 225° from the west side of Price’s Neck (41° 26’58”N, 71° 20’15”W), so-called, for a distance not exceeding one thousand five hundred (1,500) feet;

d. Sites 133, 136 and 324 located in a line extending southeasterly at approximately 150° from the east side of Price’s Neck (41° 27’0”N, 71° 20’5”W), so-called, for a distance not exceeding three thousand three hundred (3,300) feet;

e. Sites 113A, 113B, 113C, 113D, 113E, and 113F located in a line extending southeasterly at approximately 135° from Coggeshall’s Point (41° 27’4” N, 71°18’42” W) so-called, beginning just south of the inner area designated by the Army Corp of Engineers at approximately 41°26’6”N, 71°16’56”W and ending near the eastern limits of the outer area designated by the engineer’s office of the Department of the Army at approximately 41° 24’50”N, 71°14’47”W;

f. Sites 25A, 25B and 25C located in a line beginning approximately seven thousand four hundred (7,400) feet south-southeast (200°) of Cormorant Rock (41°27’36”N, 71°14’51”W) so-called, at approximately 41° 26’ 29” N, 71° 15’ 29” W extending southeasterly (120°) and ending at approximately 41° 25’ 56” N, 71° 14’ 21” W;

g. Sites 54A and 54B located in line extending northwest at approximately 310° for three thousand three hundred sixty (3,360) feet beginning at the southerly limits of the outer area designated by the engineer’s office of the Army Corp of Engineers at approximately 41°24’48”N, 71°16’56”W, five thousand (5,000) feet east-southeast of the southeastern end of the line from Seal Rock described in subdivision (a) and ending at approximately 41°25’10”N, 71°17’30”W;

h. Sites 37A and 37B located in line extending northwest at approximately 310° for three thousand three hundred sixty (3,360) feet (1,680’ each) beginning at the southerly limits of the outer area designated by the Army Corp of Engineers at approximately 41°24’36”N, 71°15’51”W, five thousand (5,000) feet east-southeast of the southeastern end of the line from Seal Rock described in subdivision (g) and ending at approximately 41°24’58”N, 71°16’26”W;

i. Sites 116 and 117 located in a line extending southeast at approximately 125° for three thousand (3,000) feet (1,500’ each) from Gull Rock (41°27’33”N, 71°18’1”W) so-called, and ending at approximately 41°27’13” N, 71°17’29” W;

j. Sites 501A and 501B located in a line extending southeast at approximately 125° for three thousand three hundred sixty (3,360) feet (1,680’ each) beginning at approximately 41°27’8”N, 71°17’35”W and ending at approximately 41°26’44”N, 71°16’54”W;

k. Site 287 beginning at the high tide line six hundred (600) feet south of “forty steps” at approximately 41°28’26”N, 71° 17’49”W and extending east by south at approximately 100° for one thousand six hundred eighty (1,680) feet;

l. Site 23, designated for a pound net, is located approximately four thousand six hundred (4,600) feet south of Easton’s Point so-called, at approximately 41°27’56”N, 71°16’31”W and is of the dimensions six hundred (600) feet by six hundred (600) feet;

m. Sites 383-19A and 383-19B located in line beginning northeast of Sachuest Point at approximately 41°28’30”N, 71°14’22”W, extending at approximately 135° for three thousand three hundred sixty (3,360’) feet and ending at approximately 41°28’8”N, 71°13’49”W;

n. Site 512-19 begins approximately two thousand two hundred fifty (2,250) feet south of flint point (41°29’9”N, 71°14’16”W) so-called, on the east side of Sachuest Point, and extends at approximately 135° for one thousand six hundred eighty (1,680) feet ending at approximately 41°28’35”N, 71°13’58”W;

o. Site 364, beginning at approximately 41° 27’ 27” N and 71° 21’ 35” W south of Castle Hill Lighthouse near Perry’s Cove, extends approximately four hundred (400) feet west at approximately 270°, ending at approximately 41° 27’ 23” N and 71° 21’ 41”;

p. Sites 191 and 192 extend in line off the southeast side of Easton’s Point (41°28’45”N, 71°16’30”W) in a southwesterly direction at approximately 145° beginning at approximately 41° 28’ 49” N and 71° 21’ 41” W and ending at approximately 41° 28’39” N and 71° 16’ 14” W.

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

a. Site 119-19 located approximately one mile south of Church’s Point (41°29’59”N, 71°12’22”W) so-called, beginning at approximately 41°29’12”N, 71°11’45”W and extending one thousand six hundred eighty (1,680) feet west by southwest at approximately 250°;

b. Site 581-19 located approximately one (1) mile south of Church’s Point (41°29’59”N, 71°12’22”W), beginning at approximately 41°29’4”N, 71°12’14”W in line with and nine hundred (900) feet from the outer end of site 119-19 and extending one thousand six hundred eighty (1,680) feet west by southwest at approximately 250°;

c. Site 580-19 located approximately seven thousand (7,000) feet north of the breakwater (41°27’58”N, 71°11’43”W) beginning at approximately 41°29’2”N, 71°11’52” W and extending one thousand six hundred eighty (1,680) feet west by south at approximately 250°;

d. Site 293-19 located approximately six thousand (6,000) feet north of the breakwater (41°27’58”N, 71°11’43”W) beginning at approximately 41°28’55”N, 71°11’26”W and extending one thousand six hundred eighty (1,680) feet west by south at approximately 250°;

e. Site 227-19 located approximately three thousand five hundred (3,500) feet northeast of the breakwater (41°27’58”N, 71°11’43”W) beginning at approximately 41°28’31”N, 71°11’27”W and extending one thousand six hundred eighty (1,680) feet west at approximately 270°;

f. Site 584-19 located approximately two thousand seven hundred (2,700) feet north of the breakwater (41°27’58”N, 71°11’43”W) beginning at approximately 41°28’24”N, 71°11’47”W and extending one thousand six hundred eighty (1,680) feet west at approximately 270°;

g. Site 122-19 located approximately one thousand four hundred (1,400) feet northeast of the breakwater (41°27’58”N, 71°11’43”W) beginning at approximately 41°28’14”N, 71°11’36”W and extending one thousand six hundred eighty (1,680) feet west at approximately 255°;

h. Site 120-19 begins approximately three hundred (300) feet north of the shore end of the Sakonnet breakwater (41°27’53”N, 71°11’45”W) and extends one thousand six hundred eighty (1,680) feet west at approximately 270°;

i. Site 261-19 begins two thousand (2,000) feet south of breakwater point (41°27’53”N, 71°11’45”W) at approximately 41°27’34”N, 71°11’41”W and extends one thousand six hundred eighty (1,680) feet west at approximately 270°;

j. Sites 398 and 118, located west of Sakonnet Point, extend in a line west by south at approximately 240° for three thousand three hundred sixty (3,360) feet (1,680 feet each) beginning at the Sakonnet Lighthouse rock (41°27’10”N, 71°12’10”W) and ending at approximately 41°26’55”N, 71°12’49”W;

k. Site 58 begins at the Sakonnet Lighthouse rock (41°27’10”N, 71°12’10”W) and extends one thousand six hundred eighty (1,680) feet south at approximately 180°;

l. Sites 79A and 79B, located in line, extend west by south from West Island (41°27’0”N, 71°11’54”W) so-called, at approximately 250° for three thousand three hundred sixty (3,360) feet to approximately 41°26’36”N, 71°12’30”W;

m. Site 114A begins approximately three thousand two hundred (3,200) feet south be west of West Island (41°27’0”N, 71°11’54”W) so-called, at approximately 41°29’48”N, 71°7’33”W and extends at approximately 170° for one thousand six hundred eighty (1,680) feet;

n. Site 29 begins approximately eight thousand four hundred (8,400) feet southwest of West Island so-called, at 41°25’46.1”N, 71°12’41.7”W and extends due south (180° on the compass rose) to 41°25’46.1”N, 71°12’41.7”W for a distance of approximately one thousand six hundred eighty (1,680) feet;

o. Sites 614A and 614B, located in line, extend south beginning two thousand (2,000) feet east of Dolphin Rock (41°27’13”N, 71°11’7”W), so-called, at a bearing of approximately 180° for three thousand three hundred sixty (3,360) feet;

p. Site FC-1, located north of Coddington Cove, begins at approximately 41° 32’ 33”N, 71° 18’52”W and extends at approximately 60° towards shore ending at approximately 41°32’40”N, 71°18’42”W;

q. Site FC-2, located off Coddington Point, begins at approximately 41°32’27”N, 71°19’40”W and extends at approximately 180° towards shore ending at approximately 41°32’21”W, 71°19’39”N;

r. Site FC-3 begins approximately one thousand five hundred (1,500) feet west of the State line at approximately 41°26’31”N, 71°12’9”W and extends south from South Shore Beach, Little Compton at approximately 180° for one thousand six hundred eighty (1,680) feet;

s. Site FC-4 begins approximately three thousand (3,000) feet south of the southwest corner of Tunipus Pond, Little Compton at approximately 41°25’39”N, 71°12’16”W and extends one thousand six hundred eighty (1,680) feet at approximately 110°;

t. Site 583-19 located southwest of site 120-19 extends one thousand six hundred eighty (1,680) feet east at approximately 90°;

u. Site 585-19 located northwest of Sakonnet Point begins at approximately 41°28’33”N, 71°12’41”W and extends one thousand six hundred eighty (1,680) feet east at approximately 90°;

v. Site 586-19.

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

a. Sites 68A and 68B, located in line, begin approximately one thousand five hundred (1,500) feet north of Indian Rock (41°24’54”N, 71°27’8”W), so-called, and extend southeast by east at approximately 120° for three thousand three hundred sixty (3,360) feet;

b. Sites 69A and 69B, located in line, begin approximately at Indian Rock (41°24’54”N, 71°27’8”W), so-called, and extend southeast by east at approximately 115° for three thousand three hundred sixty (3,360) feet;

c. Sites 70A and 70B, located in line, begin approximately two thousand (2,000) feet south of Indian Rock (41°24’54”N, 71°27’8”W), so-called, and extend southeast by east at approximately 115° for three thousand three hundred sixty (3,360) feet;

d. Sites 74A and 74B, located in line, begin approximately five thousand one hundred (5,100) feet south of Indian Rock (41°24’54”N, 71°27’8”W), so-called, and six hundred (600) feet from shore and extend southeast by east at approximately 130° for three thousand three hundred sixty (3,360) feet;

e. Sites 75A and 75B, located in line, begin approximately eight thousand three hundred (8,300) feet south of Indian Rock (41°24’54”N, 71°27’8”W), so-called, and extend southeast by south at approximately 145° for three thousand three hundred sixty (3,360) feet.

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

a. Site 22-29, located outside of the Harbor of Refuge, begins approximately one thousand two hundred (1,200) feet northwest from the outer end of the west breakwater at approximately 41°22’5”N, 71°31’5”W and extends at approximately 250° for five hundred fifty (550) feet;

b. Site 400-23, located outside the Harbor of Refuge, begins approximately five hundred (500) feet northwest from the outer end of the west breakwater at approximately 41°21’38”N, 71°29’34”W and extends at approximately 250°;

c. Site 475-29, located within the Harbor of Refuge, begins approximately at approximately 41°21’47”N, 71°29’34”W in front of Breakwater Village, so-called, and extends southwest at approximately 225° for approximately nine hundred (900) feet;

d. Site 475-30, located within the Harbor of Refuge, begins approximately five hundred (500) feet north from the outer end of the east breakwater at approximately 41°22’5”N, 71°31’6”W and extends northwest at approximately 310° for approximately six hundred fifty (650) feet.

Title 250 Department of Environmental Management
Chapter 90 Marine Fisheries
Subchapter 00 N/A
Part 6 General Equipment Provisions (250-RICR-90-00-6)
Type of Filing Direct Final Amendment
Regulation Status Active
Effective 11/06/2019

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.      Section 6.7(C)(6): Re-establish in rule the general provision for escape vent trap construction, which is currently only contained in rules for commercial black sea bass and scup.  This rule was formerly included in RI Marine Fisheries regulation Part XI - Commercial Fisheries (repealed March 2016) as a general provision applicable to all pots, but was inadvertently only placed in the black sea bass and scup sections when the rules were transferred to Part 6 – General Equipment Provisions.  This provision is necessary to maintain compliance with ASMFC fishery management plans (FMP) such as the Tautog FMP.

2.      Section 6.8.2(C)(1):  Re-establish in rule the area of trawling prohibition in upper Narragansett Bay consistent with R.I. Gen. Laws § 20-4-2 & 20-4-3.  This rule was formerly included in RI Marine Fisheries regulation Part XI - Commercial Fisheries (repealed March 2016), and was inadvertently omitted when rules were transferred to current Part 6 - General Equipment Provisions.  

3.      Section 6.8.3(I)(6):  Amend dates that gill net tags are valid.  This amendment was included as part of the public hearing held in March 2019.  The final rule filed as a result of this hearing inadvertently omitted the approved revised language that extended the valid dates of tags to January 1, 2021, and which is now proposed to be extended to February 28, 2021 to better align with the fishing season.

4.      Several non-substantive wording clarifications throughout regulation