250-RICR-60-00-10. Freshwater Fishing Regulations (version Amendment, 01/08/2014 to 08/21/2014)

FWFISHING REGS – 2014 - 2015 STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT FISH AND WILDLIFE Freshwater and Anadromous FISHING REGULATIONS for the 2014 – 2015 SEASON December 19, 2013 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 Chapter 42- 35, “Administrative Procedures Act” of the General Laws of 1956, as amended. STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT FISH AND WILDLIFE 2 of 13 FWFISHING REGS – 2014 - 2015 RHODE ISLAND FRESHWATER AND ANADROMOUS FISHING REGULATIONS for the 2014 – 2015 SEASON TABLE OF CONTENTS 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RULE 3 Application….………………………………………………………..3 RULE 4 Severability… ………………………………………………………..3 RULE 5 Superseded Rules and Regulations… ………………………………..3 RULE 6 Regulations… ………………………………………………………..4 PART I – FRESHWATER FISHERIES REGULATIONS.. ………..4 PART II – ANADROMOUS FISHERIES REGULATIONS……….11 RULE 7 Effective Date ………………………………………………………..13 STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT FISH AND WILDLIFE 3 of 13 FWFISHING REGS – 2014 - 2015 RHODE ISLAND FISHING REGULATIONS for the 2014 – 2015 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 RULE 5 SUPERSEDED RULES AND REGULATIONS On the effective date of these Rules and Regulations, all previous Rules and Regulations, and any policies regarding the administration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 – 2014 - 2015 4 of 13 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 3rd and 4th, 2014. 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 recreational creel or possession limits for American eel (Anguilla rostrata) shall be twenty-five (25) fish per day, per person, either singularly or in aggregate, and the minimum size shall be nine (9) inches (measured from the tip of the snout to the end of the tail). No person shall possess any American eel less than nine (9) 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. No American eel may be commercially harvested from the freshwaters of the state and offered for sale without a valid commercial fishing license per Rhode Island Marine Fisheries (RIMF) regulations. If harvesting commercially with a valid FWFISHING REGS – 2014 - 2015 5 of 13 commercial fishing license from the freshwaters of the state, fishermen must adhere to regulations as set forth in RIMF regulations Part VII (Minimum Sizes of Fish/Shellfish), section 7.16.1. 1.6 The creel and possession limits for trout of charr taken in the Wood River between Route 165 and Barberville Dam at Arcadia Road, May 10th, 2014 through the last day of February, 2015, 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 Providence; Lapham Pond, Burrillville; Seidel’s Pond, Cranston; Silvy’s Pond, Cumberland; Lloyd Kenney Pond, Hopkinton. Cass Pond, Woonsocket; Slater Park Pond, Pawtucket; and Pondarosa Park Pond, Little Compton; are restricted to children only for the first two (2) days of the season, April 12th and 13th, 2014. 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 19, 2014 at 6:00 AM and close at midnight until the last day of February 2015. 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. Relative to Connecticut Freshwater Fishing Regulations, the daily creel limit and possession limit of Walleye, shall be two (2) fish FWFISHING REGS – 2014 - 2015 6 of 13 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 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 Branch River Burrillville Brandy Brook Glocester Breakheart Brook Exeter Breakheart Pond Exeter & West Greenwich Brickyard Pond Barrington Browning Mill Pond Exeter FWFISHING REGS – 2014 - 2015 7 of 13 Brushy Brook Hopkinton Bucks Horn Brook Coventry Carbuncle Pond Coventry California Jim’s South Kingstown 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 – 2014 - 2015 8 of 13 Peck Pond Burrillville Peeptoad Brook Glocester Ponaganset River Foster Pondarosa Park 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 Tarbox Pond West Greenwich 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 1.16 Any organized fishing and boating event, which is composed of a minimum of six (6) persons and/or three (3) boats, is prohibited from being conducted on any fresh waters of the state regardless of access, or method of propulsion without the prior issuance of a written permit from the Department. An application for the initial issuance of a permit, which may include more than one event, or a permit modification, must be submitted to the Department at a minimum of three (3) weeks prior to the proposed date of the event (s). The permit application must include the location, date, time and the numbers of persons and boats planned for the event (s). The Department shall review each application for the granting of a permit for each organized fishing or boating event based upon, but not limited to, 1., the capacity of the boat ramp to be FWFISHING REGS – 2014 - 2015 9 of 13 utilized, 2., the water body which is proposed as the site of the event, 3., consideration of any competing users, and 4., the support facilities available at the site, including, but not limited to, parking, sanitary facilities, and security. The Department reserves the right to limit the number of tournaments per location. The Department further reserves the right to deny a permit application for a particular date and location for reasons of overuse or conflict with other events. Except in the case of an unforeseen natural disaster or other occurrence, event sponsors who fail to conduct the permitted event (s) and fail to provide the Department with written notice of the event (s) cancellation a minimum of three (3) weeks in advance of the date upon which the event (s) was scheduled to occur, shall have the sponsor's eligibility to conduct organized fishing and boating events revoked for one year from the cancelled event; such revocation shall include any events for which a permit was previously issued. This decision of revocation shall rest entirely with the Department. 1.16.1 Each boat and vehicle occupying the State boat ramp parking lot that participates in an organized fishing or boating event is required to display a participant placard issued by the Department prior to launching at the proposed site of the event. At the time of application for issuance of a permit for the organized fishing or boating event (s), the sponsor of the event (s) must designate the event (s) as either a "closed" or an "open" event (s). 1.16.1.1 If the event is authorized to be conducted as a closed fishing or boating event, the sponsor shall identify in writing to the DEM at least three (3) days prior to the commencement of the event any changes in the numbers of boats that are authorized to participate in the event and obtain approval. The permit must be retained on site and have the names of all participants. 1.16.1.2 If the event is authorized to be conducted as an open fishing or boating event, the Department will provide the sponsor with a specified number of placards based upon an estimate of proposed entrants given at the time of application. The sponsor shall register each boat on the day of the event on forms provided by the Department and which are required to remain with the sponsor throughout the event and accessible to the Department. All registration forms shall be returned to the Department within five (5) days of the termination of the event. 1.16.1.3 Regardless of whether a fishing event has been authorized as a "closed" or an "open" event, the sponsor is obligated to provide a report to the Department, within five (5) days of the termination of the event which includes: the numbers of boats, numbers of participants, number of bass caught as well as the weights of all bass processed at the weigh-in. It is the responsibility of the sponsor to obtain all of the required data in its entirety. Failure to complete and submit the required information shall render the sponsor ineligible to conduct further organized fishing and boating events for one year from the said event; such revocation shall include any events for which a permit was previously issued. 1.16.2 If access is of an organized fishing or boating event is proposed for a municipal or FWFISHING REGS – 2014 - 2015 10 of 13 a private ramp, the event sponsor may be required to comply with the regulations or rules adopted by that municipality or private entity including the obligation to obtain a permit from the municipality or private entity if so required. It shall be the responsibility of the sponsor of the fishing or boating event to obtain said additional permit. 1.16.3 No more than one (1) permitted organized fishing and boating event may be held on a freshwater body during the same period, (e.g. weekend, day, or the numbers of hours in a day). 1.16.4 This section shall not be interpreted as superseding any special boat ramp or state management area state regulations, except as described below: 1.16.4.1 It will be the sole responsibility of each permitted organized fishing or boating group to have the registrations of all participants available along with the permit during the activity for Department Law Enforcement purposes. 1.17 It is prohibited that any person use foot gear with external felt soles or any other natural or synthetic porous material capable of absorbing liquid that is attached to the soles of wading foot gear in any fresh waters of the state. This shall include any waters shared with adjacent states in which any Rhode Island Fishing Regulations apply. Please see Section II Anadromous Fisheries Regulations, 2.6, Boundaries of Freshwater and Saltwaters of Rhode Island. 11 of 13 FWFISHING REGS – 2014 - 2015 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 Island. 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 river and streams, with regard to the areas where Freshwater Regulations apply, are as follows: 12 of 13 FWFISHING REGS – 2014 - 2015 Pawcatuck River, Westerly: the downstream side of the bridge crossing U.S. Route 1. Mastuxet Brook, Westerly: the point at which the brook empties into Mastuxet Cove. King Tom Pond outlet into Ninigret Pond, Charlestown: the spillway at the south end of King Tom Pond. Factory Pond outlet, S. Kingstown: the seaward opening of the culvert under Teal Road. Mill Pond outlet into the Cards Pond, South Kingstown: the bridge on Moonstone Beach Road crossing the west neck of Cards Pond. Smelt Brook, S. Kingstown: the bridge closest to the outlet into Point Judith Pond. Saugatucket River, S. Kingstown: the downstream side of the Main Street Bridge in Wakefield. Gilbert Stuart Brook, N. Kingstown: the point at which the river empties into the Pettaquamscutt (Narrow) River. Westquage Pond, Narragansett: the culvert at the outlet to Bonnet Shores Beach. Annaquatucket River, N. Kingstown: the point at which the river empties into Bissel Cove. Cocumscussoc Brook, N. Kingstown: the bottom of the first riffle upstream of Wickford Cove. Potowomut River, N. Kingstown/E.Greenwich: the Forge Road spillway. Maskerchugg River,E. Greenwich: the Boston Post Road (US Rt. 1) spillway. Gorton Pond outlet, Warwick: to the west of the Amtrak Railroad Bridge. Tuscatucket Brook, Warwick: the downstream side of the West Shore Road bridge. Old Mill Creek, Warwick: entirely tidal Warner Brook, Warwick: the Draper Avenue bridge. Buckeye Brook, Warwick: the point at which the stream empties into Narragansett Bay. Lockwood Brook, Warwick: the downstream side of the West Shore Road bridge. Spring Green Pond outlet, Warwick: the downstream side of the Warwick Avenue (RI Rt. 117A) bridge. Pawtuxet River, Warwick/Providence: the Narragansett Parkway spillway. Woonasqutucket River, Providence: the downstream side of the U.S. Route 1N Bridge. Moshassuck River, Providence: the point of confluence with the Woonasquatucket River. Blackstone/Seekonk River: the Main Street spillway. Ten Mile River, E. Providence: the Omega Pond spillway. Annawomscutt Brook, Barrington: the Pilling Chain Company spillway on Bay Spring Avenue. Mussachuck Creek, Barrington: the downstream side of the Washington Road bridge. Runnins River, E. Providence/Seekonk, MA: the downstream side of the Mink Street (RI Rt.114 A) bridge Kickemuit River, Warren: the Warren Reservoir spillway. Sin and Flesh Brook, Tiverton: the downstream side of the Highland Avenue bridge. Nonquit Pond, Tiverton: the bridge at Pond Bridge Road. Pachet Brook, Tiverton: the downstream side of the West Main Road (RI Rt. 77) bridge. Dunderry Brook, Little Compton: the downstream side of the Swamp Road bridge. Cold Brook, Little Compton: the point at which the brook empties into Quicksand Pond. Maidford River, Middletown: the downstream side of the Paradise Avenue bridge. Goose Neck Cove, Newport: entirely tidal. Lily Pond, Newport: the outlet. Almy Pond, Newport: the outlet. Prince Pond (Tiffany Pond), Barrington: the point at which the stream enters the Barrington River. 13 of 13 FWFISHING REGS – 2014 - 2015 RULE 7 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 L. Coit, Director Rhode Island Department of Environmental Management Notice Given: 10/18/2013 Public Hearing: 11/19/2013 Filing Date: 12/19/2013 Effective Date: 01/08/2014 ERLID #: 7532