250-RICR-60-00-10. Freshwater Fishing Regulations (version Adoption, 08/17/2011 to 08/17/2011)

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT FISH AND WILDLIFE Freshwater and Anadromous FISHING REGULATIONS for the 2012 – 2013 SEASON August 17, 2011 AUTHORITY: These regulations are adopted pursuant to RIGL Sections 20-1-4, 20-1- 12 and 20-1-13, as well as Chapters 42-17.1,and 42-17.6,in accordance with the requirements of Chapter42-35, “Administrative Procedures Act” of the General Laws of 1956, as amended. FWFISHING REGS – 2012-2013 PAGE 2 STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT FISH AND WILDLIFE RHODE ISLAND FRESHWATER AND ANADROMOUS FISHING REGULATIONS for the 2012 – 2013 SEASON T A B L E O F C O N T E N T S RULE 1 Purpose ..........................................................................................3 RULE 2 Authority ………………………………………………………………….3 RULE 3 Application ……………………………………………………………….3 RULE 4 Severability ......................................................................................3 RULE 5 Superseded Rules and Regulations ................................................3 RULE 6 Regulations......................................................................................3 PART I - FRESHWATER FISHERIES REGULATIONS ..................4 PART II - ANADROMOUS FISHERIES REGULATIONS ..............10 RULE 7 Effective Date ................................................................................12 FWFISHING REGS – 2012-2013 PAGE 3 STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT FISH AND WILDLIFE RHODE ISLAND FISHING REGULATIONS for the 2012 – 2013 SEASON RULE 1 PURPOSE The purpose of these Rules and Regulations is to regulate freshwater fishing seasons and bag limits annually. RULE 2 AUTHORITY These Rules and Regulations are promulgated pursuant to RIGL Sections 20-1-12 and 20-1-13,as well as Chapters 42-17.1, and 42-17.6, in accordance with 42-35, Administrative Procedures Act 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 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. 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: FWFISHING REGS – 2012-2013 PAGE 4 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 6:00 AM on the second Saturday in April annually. From the second Saturday in April through November 30th annually, 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 (see 1.14) shall be closed to all fishing from the last day of February at midnight and shall commence at 6:00 AM 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 residents or non-residents on May 5 and 6 th , 2012 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 twenty-four (24) inches in total length or chain pickerel less than fourteen (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 twelve (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 creel or possession limits forfor American eel (Anguilla rostrata) shall be fifty FWFISHING REGS – 2012-2013 PAGE 5 (50) fish per day, per person, either singularly or in aggregate, and the minimum size shall six (6) inches (measured from the tip of the snout to the end of the tail). No person shall possess any American eel less than six (6) inches 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. 1.6 The creel and possession limits for trout or charr taken in the Wood River between Route 165 and Barberville Dam at Arcadia Road, May 12, 2012 through the last day of February, 2013 , shall be two (2) fish. 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 children fourteen (14) years of age and younger: Frosty Hollow Pond, Exeter; Geneva Pond & Brook, North Provi- dence; Lapham Pond, Burrillville; Seidel's Pond, Cranston; Silvy's Pond, Cumberland; and Lloyd Kenney Pond, Hopkinton, Cass Pond, Woonsocket , Slater Park Pond, Pawtucket, Pondarosa Pond, Little Compton , and Wilcox Park Pond,are restricted to children only for the first two (2) days of the season, April 7 , and 8, 2012 . 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 of Fish and Wildlife. e. The use as bait of any variety of gold fish (Carassius auratus) in the fresh waters of the State. f. The importation, sale, or possession of any variety of gold fish (Carassius auratus) for use as bait in the fresh waters of the state. 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 14 th , 2012 at 6:00 AM and close at midnight until the last day of February 2013 . 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 FWFISHING REGS – 2012-2013 PAGE 6 (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. The daily creel limit and possession limit of Walleye, shall be two (2) fish and the minimum size limit shall be eighteen (18) inches (measured from the tip of the snout to the end of the tail). No person shall possess any Walleye less than eighteen (18) inches in total length. 1.12 Wallum Lake, Burrillville - Rhode Island Regulations, Rules 1-6 and Part 1, Sections 1.1-1.5, 1.9, 1.10, 1.15, and 1.16 apply. 1.13 Killingly Pond, Glocester and Hazard Pond, West Greenwich shall have the following special regulations: 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. 1.14 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 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 these Rules and Regulations. 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 FWFISHING REGS – 2012-2013 PAGE 7 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 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 Meshanicut Brook Cranston Moosup River Coventry Mowry, A.L. Pond Smithfield Olney Pond, Lincoln Woods Lincoln Parris Brook Exeter Pawcatuck River Hopkinton, Richmond, Charlestown & Westerly Pawtuxet River (North branch) Scituate, Cranston Pawtuxet River (South branch) Coventry. West Warwick FWFISHING REGS – 2012-2013 PAGE 8 Peck Pond Burrillville Peeptoad Brook Glocester Ponaganset River Foster Pondarosa Pond, Pondarosa Park Little Compton 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 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 FWFISHING REGS – 2012-2013 PAGE 9 1.16 All organized fishing activities, i.e. tournaments, must be permitted through the Department on all fresh waters of the state, regardless of access. Two (2) weeks are required for processing and/or changing permit applications. A minimum of six (6) persons is considered an organized fishing activity requiring a permit. The Department reserves the right to limit the number of tournaments per location. The Department reserves the right to deny a permit application for a particular date and location for reasons of overuse or conflict with other activities. If access is municipal or a private ramp, an additional permit may be required from the municipality or private entity and municipal regulations will supersede those of the state for municipal or private ramp access permitting. It shall be the responsibility of the fishing organization to obtain said additional permit. No more than one (1) permitted organized fishing activity may be held on a freshwater body during the same time period. This does not supersede any special boat ramp or state management area state regulations, except as described below: It will be the sole responsibility of each permitted organized fishing group to have the registrations of all participants available during the activity for enforcement purposes. 1.17 It is prohibited that any person use foot gear with external felt soles in any state waters, inclusive of freshwater, tidal, or marine. This shall include any waters shared with adjacent states in which any Rhode Island Fishing Regulations apply. FWFISHING REGS – 2012-2013 PAGE 10 PART II ANADROMOUS FISHERIES REGULATIONS 2.1 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. 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. 2.2 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. 2.3 No person shall take any American shad, (Alosa sapidissima) from the fresh waters of the state. 2.4 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. 2.5 Fish Ladders 2.5.1 Trespass within or obstruction of the entrance or exit of any fish ladder in the state is prohibited. 2.5.2 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. 2.5.3 The areas below each fish ladder, where fishing will be permitted, shall be designated with an official boundary marker or informational sign. 2.6 Boundaries --The defined boundaries for the freshwater and saltwater sections of the state’s rivers and streams, with regard to the areas where Freshwater Regulations apply, are as follows: FWFISHING REGS – 2012-2013 PAGE 11 Pawcatuck River-the bridge crossing U.S. Route 1. Mastuxet Brook-the point at which the brook 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 the brook empties into the Pettaquamscutt River. Wesquage Pond-the culvert at the outlet to Bonnet Shores Beach. Annaquatucket River-the point at which the river empties into Bissel Cove. Cocumscussoc 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 Amtrak 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 (RI 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. Mussachuck Creek-the bridge on Washington Road. Runnins River-the Mink Street (RI Route 114A) Bridge. Kickamuit River-the Warren Reservoir Spillway. Sin and Flesh Brook-the Highland Avenue Bridge. Nonquit Pond-the bridge at Pond Bridge Road. Pachet Brook-the West Mail Road (RI Route 77) Bridge. Dunderry Brook-the Swamp Road Bridge. Cold Brook-the point at which the brook empties into Quicksand Pond. Maidford River-the Paradise Avenue Bridge. Goose Neck Cove-entirely tidal. Lily Pond-the outlet. Almy Pond-the outlet. Prince Pond(Tiffany Pond)-the point at which the stream enters the Barrington River. FWFISHING REGS – 2012-2013 PAGE 12 RULE 8 EFFECTIVE DATE The foregoing Rules and Regulations - RI Fish and Wildlife Freshwater and Anadromous Fisheries Regulations, 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 Chapter 42-35, 42- 17.1, and 42-17.6 of the General Laws of Rhode Island of 1956, as amended. _____________________________________________ Janet Coit, Director Rhode Island Department of Environmental Management Notice Given: 5/1/11 Public Hearing: 6/1/11 Filing Date: 7/27/11 Effective Date: 8/17/11