250-RICR-60-00-10. Freshwater Fishing Regulations (version Adoption, 08/04/2005 to 07/27/2006)

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT FISH AND WILDLIFE Freshwater and Anadromous FISHING REGULATIONS for the 2006 - 2007 SEASON July 15, 2005 AUTHORITY: These regulations are adopted pursuant to Chapter 20-1-4, 20-1-12 and 20-1-13, 42-17.1, 42-17.6 , and 42-35, “Administrative Procedures Act” of the General Laws of 1956, as amended. FWFISHING.DEM (2006 - 2007) iii STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT FISH AND WILDLIFE RHODE ISLAND FISHING REGULATIONS for the 2006 - 2007 SEASON T A B L E O F C O N T E N T S RULE 1 Purpose .................................................................................................... iii RULE 2 Authority.................................................................................................... iii RULE 3 Application................................................................................................ iii RULE 4 Severability............................................................................................... iii RULE 5 Superseded Rules and Regulations..................................................... iii RULE 6 Regulations.............................................................................................1-6 PART I - FRESHWATER FISHERIES REGULATIONS ...................1 PART II - ANADROMOUS FISHERIES REGULATIONS ..................5 RULE 7 Effective Date............................................................................................7 FWFISHING.DEM (2006 - 2007) iv STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT FISH AND WILDLIFE RHODE ISLAND FISHING REGULATIONS for the 2006 - 2007 SEASON RULE 1 PURPOSE The purpose of these rules is to regulate freshwater fishing seasons and bag limits annually. RULE 2 AUTHORITY These rule and regulations are promulgated pursuant to Chapter 20-1-12 and 20-1-13, 42-17.1, 42-17.6, and 42-35, Administrative Procedures, of Rhode Island General Laws of 1956, as amended. RULE 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. RULE 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. RULE 5 SUPERSEDED RULES AND REGULATIONS #3101 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 anadromous fisheries shall be superseded #3101. 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. RULE 6 REGULATIONS As follows: FWFISHINGDEM(2006-2007) 1 PART I FRESHWATER FISHERIES REGULATIONS 1.1 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 0600 hrs. on the second Saturday in April annually. From the second Saturday in April through 30 November annually, the daily creel and possession limits for trout shall be five (5) fish; and from 1 December through the last day in February, annually, the daily creel and possession limits for trout shall be two (2) fish. All designated trout waters (see 1.14) shall be closed to all fishing from the last day of February at midnight and shall commence at 0600 hrs. on the second Saturday in April annually unless otherwise designated. Possession of trout, salmon, or charr taken from any waters of the state during the closure shall be prohibited. Free Fishing Days: A freshwater fishing license shall not be required by either residents or non-residents on the 3rd and 4th of June 2006. 1.2 The daily creel and possession limits for northern pike shall be two (2) fish, and the minimum size limit shall be twenty-four (24) inches (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 (14) inches (measured from the tip of the snout to the end of the tail). No person shall possess any northern pike less than 24 inches in total length or chain pickerel less than 14 inches in total length. 1.3 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 (12) inches (measured from the tip of the snout to the end of the tail). No person shall possess any black bass less than 12 inches in total length. 1.4 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 Atlantic salmon shall be fifteen (15) inches total length. No person shall take any Atlantic salmon from the Pawcatuck River downstream of the Potter Hill dam. 1.5 The minimum size limit for American eel Anguilla rostrata shall be six (6) inches (measured from the tip of the snout to the end of the tail). 1.6 The creel and possession limits for trout, or charr taken in the Wood River between Route 165 and south to Barberville Dam at Arcadia May 20, 2006 through the last day of February, 2007 shall be two (2) fish. FWFISHINGDEM(2006-2007) 2 1.7 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. 1.8 The following waters shall be restricted to fishing by persons fourteen years of age and younger: Frosty Hollow Pond, Exeter; Geneva Pond & Brook, North Provi- dence; Lapham Pond, Burrillville; Sidel's Pond, Cranston; Silvy's Pond, Cumberland; Lloyd Kenney Pond, Hopkinton; Cass Pond, Woonsocket, and Slater Park Pond, Pawtucket. Cass Pond and Slater Park Pond are restricted to children only for the first two days of the season, April 8th and 9th, 2006 1.9 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. 1.10 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. 1.11 Beach Pond, Exeter shall have the following special regulations: The season for trout shall open on, April 15, 2006 at 6:00 AM and close at midnight on the last day of February, 2007. 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 (12) inches (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 (14) inches (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. 1.12 Wallum Lake - Rhode Island regulations apply. 1.13 Killingly Pond and Hazard Pond shall have the following special regulations: The daily creel and possession limits for black bass shall be five (5) fish, and the mini- mum size limit shall be twelve (12) inches (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 (14) inches (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. FWFISHINGDEM(2006-2007) 3 1.14 That portion of the Falls River from the bridge at Austin Farm Road downstream approximately two miles to the bridge off Brook Trail 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 only, 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 this regulation. 1.15 Designated Trout Waters Name Location Abbotts Run Brook Cumberland Adamsville Brook and Pond Tiverton & Little Compton Aldrich Brook (Butterfly Pond) Lincoln 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 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 Scituate Dolly Cole Brook Foster Dunderry Brook (incl. Wigwam Pond) Little Compton Eight Rod Farm Pond Tiverton Falls River Exeter & West Greenwich Flat River Exeter Foster Green Acres Pond Foster FWFISHINGDEM(2006-2007) 4 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 Melville Ponds Portsmouth Memorial Park Pond Lincoln Meshanticut Brook Cranston Moosup River Coventry Mowry, A.L. Pond Smithfield Olney Pond Lincoln Parris Brook Exeter Pawcatuck River Hopkinton, Richmond, Charlestown, & Westerly Pawtuxet River (north branch) Scituate Pawtuxet River (south branch) Coventry Peck Pond Burrillville Peeptoad Brook Glocester Ponaganset River Foster Roaring Brook & Ponds Exeter Round Top Brook Burrillville Round Top Ponds Burrillville Saint Mary’s Pond Portsmouth Saugatucket River South Kingstown Seidel’s Pond Cranston Shippee Saw Mill Pond Foster Silver Spring Lake North Kingstown Silvy’s Brook Cumberland Silvy’s Pond Cumberland Simmons Mill Pond Little Compton Slater Park Pond Pawtucket Spring Grove Pond Glocester Stafford Pond Tiverton Sylvester’s Pond Woonsocket Tarkiln Pond Burrillville & North Smithfield Tiogue Lake Coventry Tiverton Trout Pond Tiverton Tucker Pond South Kingstown Upper Rochambeau Pond Lincoln FWFISHINGDEM(2006-2007) 5 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 FWFISHINGDEM(2006-2007) 6 PART II ANADROMOUS FISHERIES REGULATIONS 2.1 No person shall take more than twelve (12) alewives, Alosa pseudoharengus or blueback herring, Alosa aestivalis either singularly or in aggregate from the fresh- water streams or rivers of the state in any 24-hour period. No person shall take any alewives or blueback herring from the fresh waters of the state without a valid freshwater fishing license. No person shall take any alewives or blueback herring from the fresh waters of the state on any Sunday, Monday, or Tuesday of any week. 2.2 No person shall take any alewives or blueback herring by any means other than by a hand-held and hand-operated dip net with a diameter no greater than two and one-half feet (2 1/2') or by a seine not greater than four feet (4') deep by eight feet (8') long. 2.3 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. 2.4 No person shall place a seine or netting more than half way across any stream or mouth or outflow of any stream. 2.5 Any person taking an alewife or blueback herring must remove it from the pond or stream and keep it in his or her possession. 2.6 No person shall take any American shad, Alosa sapidissima from the fresh waters of the state. 2.7 No person shall take any smelt, Osmerus mordax by any means from any stream or river in the state with the exception of the Pawcatuck River. 2.8 Fish Ladders 2.8.1 Trespass within or obstruction of the entrance or exit of any fish ladder in the state is prohibited. 2.8.2 For the purposes of regulating anadromous fishes, all fish ladders owned and operated by the state will be set aside as fish cultivation facilities pursuant to sections 20-12-1 and 20-12-5 of the General Laws of Rhode Island. 2.8.3 The areas below each fish ladder where fishing will be permitted shall be designated with an official boundary marker or informational sign. FWFISHINGDEM(2006-2007) 7 2.9 Boundaries -- The defined boundaries for the freshwater and saltwater sections of Rhode Island's rivers and streams with regard to the areas where freshwater regulations apply are as follows: Pawcatuck River--the bridge crossing U.S. Route 1. Mastuxet Brook--the point at which it empties into Mastuxet Cove. King Tom Pond outlet into Ninigret Pond--the spillway at the south end of King Tom Pond. Factory Pond outlet--the seaward opening of the culvert under Teal Road. Mill Pond outlet into Cards Pond--the bridge on Moonstone Beach Road crossing the west neck of Cards Pond. Smelt Brook--the bridge closest to the outlet. Saugatucket River--the Main Street bridge in Wakefield. Gilbert Stuart Brook--the point at which it empties into the Pettaquamscutt River. Wesquage Pond--the culvert at the outlet to Bonnet Shores Beach. Annaquatucket River--the point at which the it empties into Bissel Cove. Cocumscussock Brook--the bottom of the first riffle upstream of Wickford Cove. Potowomut River--the Forge Road spillway. Maskerchugg River--the Boston Post Road (U.S. Route 1) bridge. Gorton Pond outlet – to the west of the Amtrack railroad bridge. Tuscatucket Brook--The West Shore Road bridge. Old Mill Creek--entirely tidal. Warner Brook--the Draper Avenue bridge. Buckeye Brook – the point at which the stream empties into Narragansett Bay Lockwood Brook--the West Shore Road bridge. Spring Green Pond outlet--the Warwick Avenue (R.I. Route 117A) bridge. Pawtuxet River--Narragansett spillway. Woonasquatucket River--the U.S. Route 1N bridge. Moshassuck River--the point of confluence with the Woonasquatucket River. Seekonk River--the Main Street spillway. Ten Mile River--the Omega Pond spillway. Annawomscutt Brook--the Pilling Chain Company spillway on Bay Spring Avenue, Barrington. Mussachuck Creek--the bridge on Washington Road. Runnins River--the Mink Street (R.I. Route 114A) bridge. Kickamuit River--the Warren Reservoir spillway. Sin and Flesh Brook--the Highland Avenue bridge. Nonquit Pond-- the bridge at Pond Bridge Rd. Pachet Brook--the West Mail Road (R.I. Route 77) bridge. Dunderry Brook--the Swamp Road bridge. Cold Brook--the point at which it empties into Quicksand Pond. Maidford River--the Paradise Avenue bridge. Goose Neck Cove--entirely tidal. Lily Pond--the outlet. Almy Pond--the outlet. FWFISHINGDEM(2006-2007) 8 Prince Pond– (Tiffany Pond), Barrington, that point at which the stream enters the Barrington River. FWFISHINGDEM(2006-2007) 9 RULE 8 EFFECTIVE DATE The foregoing Rules and Regulations - R.I. Fish and Wildlife Freshwater and Anadromous Fisheries Regulations, after due notice, are hereby adopted and filed with the Secretary of State this 15th day of July, 2005 to become effective twenty (20) days thereafter unless otherwise indicated below, in accordance with the provisions of Chapter 42-35, 42-17.1, and 42-17.6 of the General Laws of Rhode Island of 1956, as amended. ___________________________________ W. Michael Sullivan, PhD Director, Department of Environmental Management Notice Given on: 5/17/05 Public Hearing held: 6/15/05 Filing Date: 7/15/05 Effective Date: 20 days from filing FWFISHINGDEM(2006-2007) 10 July 15, 2005 Honorable Matthew A. Brown Secretary of State 217 State House Providence, RI 02907 Dear Mr. Secretary: The R.I. DEM - Division of Fish and Wildlife, in accordance with Chapters 42-17.1, "Department of Environmental Management", 42-17.6, and 42-35 “Administrative Procedures Act”, General Laws of Rhode Island, 1956 as amended, has adopted regulations governing fishing seasons and bag limits promulgated pursuant to the authority of Sections 20-1-4; 20-1.12, and 20-1.13 of Title 20 of the Rhode Island General Laws. The purpose of these rules and regulations is to establish freshwater fishing seasons, possession, and bag limits, and regulations for the manner of fishing for the 2006-2007 season. The attached regulations will become effective twenty (20) days subsequent to filing. Sincerely, W. Michael Sullivan, PhD Director, DEM FWFISHINGDEM(2006-2007) 11 JUSTIFICATION FOR FRESHWATER FISHING REGULATIONS A public hearing and filing of regulations for wildlife and freshwater fishing must be done on an annual basis as required by 20-1-12 - Fixing of Seasons and Bag Limits, and 20- 1-13 Publication and Effective Date of Seasons and Bag Limits. No substantial changes.