250-RICR-90-00-4
250-RICR-90-00-4. Shellfish (version Amendment, 04/27/2017 to 04/27/2017)
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
DIVISION OF FISH AND WILDLIFE
DIVISION OF LAW ENFORCEMENT
RHODE ISLAND MARINE FISHERIES REGULATIONS
PART 4
Shellfish
April 7, 2017
AUTHORITY: Title 20, Chapters 42-17.1, 42-17.6, and 42-17.7, and in accordance with Chapter 42-35-
18(b)(5), Administrative Procedures Act of the Rhode Island General Laws of 1956, as amended.
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PURPOSE
The purpose of these rules and regulations is to manage the marine resources of
Rhode Island.
AUTHORITY
These rules and regulations are promulgated pursuant to Title 20, Chapters 42.17.1, 42-
17.6, and 42-17.7, and in accordance with Chapter 42-35, Administrative Procedures
Act, of the R.I. General Laws of 1956, as amended.
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.
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.
SUPERSEDED RULES AND REGULATIONS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 these rules and
regulations, shall be superseded.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.
DEFINITIONS
See Rhode Island Marine Fisheries Regulations, “Part I – Definitions”.
REGULATIONS
4.1 License Required:
4.1.1 Recreational harvest – R.I. resident: R.I. residents are not required to obtain a
license for the recreational harvest of shellfish. (RIGL 20-6-1)
4.1.2 Recreational harvest – non-resident: A non-resident over the age of twelve
(12) years wishing to take or possess shellfish recreationally in Rhode Island waters
must obtain shellfish license. (RIGL 20-2-22):
(A) Annual: The fee for an annual shellfish license is two hundred dollars
($200). This license will expire on the last day in February annually.
(B) 14-day: The fee for a fourteen (14) day tourist license is eleven dollars
($11). This license is valid for fourteen (14) consecutive days only, including the
date of issue, and is limited to one (1) license per person per calendar year.
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(C) Non-resident landowner: A non-resident landowner may, with proof of
residential property ownership in the form of a current tax bill from a town or city
hall showing that the non-resident landowner is current in his or her property tax
obligation, obtain an annual, non-commercial, non-resident shellfish license for a
fee of twenty-five dollars ($25). (RIGL 20-2-22(d))
4.1.3 Commercial harvest: See specific requirements and conditions in DEM’s
“Commercial and Recreational Saltwater Fishing Licensing Regulations”.
(A) A commercially licensed fisherman shall only sell, barter, or trade shellfish
taken from Rhode Island waters to a licensed shellfish dealer or multipurpose
dealer.
(B) A commercially licensed fisherman shall not sell, deliver, or otherwise
transfer shellfish taken from Rhode Island waters to a licensed shellfish or
multipurpose dealer without first presenting said dealer, a valid shellfish license
issued by the DEM.
(C) Blue Mussel Dredging Permit: A Blue Mussel Dredging Permit issued from
the Director is required for the dredging for blue mussels. Applications shall be
made annually on forms prescribed by the Director, and may be obtained by
contacting the DEM Marine Fisheries, 3 Fort Wetherill Rd, Jamestown, RI 02835
(423-1923). (RIGL 20-6-7)
4.2 General Provisions:
4.2.1 Recreational harvest: Shellfish harvested recreationally shall not be sold or
offered for sale.
4.2.2 Shellfish grounds – polluted areas: Shellfish harvesting will be allowed in all
waters except those declared by the Director to be polluted based upon water quality
considerations pursuant to RIGL Chapter 20-8.1. Information on the current status
of waters subject to conditional closures or emergencies due to pollution is available
by calling 401-222-2900 and visiting http://www.dem.ri.gov/programs/benviron/water/
shellfsh/clos/index.htm. (RIGL 20-8.1-3)
(A) Exclusion: This section shall not apply to the harvest of Whelk or Bay
scallop.
4.2.3 Taking or selling of shellfish from polluted areas: No person shall take
shellfish from the waters of polluted areas, or knowingly sell shellfish taken from the
waters of polluted areas, except pursuant to a transplant program specifically
authorized by and conducted under the direct supervision of the Director. In granting
permission, the Director shall first obtain the written approval of the Director of the
Department of Health as to the suitability and safety for the purposes intended. The
possession by any person of shellfish while in a vessel upon the waters of polluted
areas between the hours of two (2) hours after sunset and sunrise shall be prima
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facie evidence that those shellfish were taken by that person in violation of this
section. (RIGL 20-8.1-5)
(A) Exclusion: This section shall not apply to the harvest of Whelk or Bay
scallop.
4.2.4 Night shellfishing prohibited: The harvesting of shellfish is prohibited during
the hours between sundown and sunrise. (RIGL 20-6-23)
4.2.5 Opening shellfish on water: No person shall possess the meats of six (6) or
more shellfish while shellfishing on the waters of the State, or throw the shells of
open bay scallops onto bay scallop beds. (RIGL 20-6-21)
4.2.6 Conch (whelk) – general provisions:
(A) Mutilation and/or possession of conch meat; cooked or uncooked: Prior to
landing of any conchs, no person shall mutilate any cooked or uncooked conch
by breaking and removing the meat from the shell or have in his or her
possession any part or parts of any uncooked conch so mutilated. In any and all
prosecutions under this section, the possession of any part or parts of any
cooked or uncooked conch so mutilated shall be prima facie evidence sufficient
to convict. All conchs are to be landed whole in the shell.
(B) Unauthorized hauling of conch pots: No person except the Director may
haul, unduly disturb, or remove any animal from a conch pot of a person
possessing a valid commercial fishing license to take conch, or from a person
fishing recreationally for conch, without the written permission of that person.
(C) Unauthorized possession and/or transfer of conch pots: No person except
the Director may sell, transfer, or have in his or her possession or control any
conch pot or associated line (warp) and/or buoy, without the written permission of
the owner.
(D) Hauling or setting conch pots at night: No person shall haul or unduly
disturb any conch pot within the territorial waters of this state between the hours
of one (1) hour after sundown and one (1) hour before sunrise.
4.2.7 Transiting:
(A) During the closure of a Rhode Island state allocated fishery quota, a
federally permitted vessel fishing in the Exclusive Economic Zone may traverse
Rhode Island state waters for the purpose of landing that species in another
state, provided the vessel is in compliance with their federal permit, and all gear
capable of harvesting shellfish is stowed and not engaged in the act of taking or
harvesting while transiting state waters.
(B) A federally permitted vessel fishing in the Exclusive Economic Zone may
traverse Rhode Island state waters for the purpose of landing a species in Rhode
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Island, provided that the species in possession do not have a state allocated
quota that is currently closed, provided the vessel is in compliance with their
federal permit, and provided that all gear capable of harvesting shellfish is
stowed and not engaged in the act of taking or harvesting while transiting state
waters, and provided that the owner or operator possesses a valid RI Landing
License pursuant to DEM’s “Commercial and Recreational Saltwater Fishing
Licensing Regulations”.
4.3 Equipment Provisions and Harvest Methods:
4.3.1 SCUBA prohibition: The taking of shellfish by the use of a self-contained
underwater breathing apparatus (SCUBA) from Green Hill Pond, Quonochontaug
Pond, Ninigret Pond, and Potter Pond is prohibited. (20-6-30)
4.3.2 The use of a diving apparatus is prohibited while recreational shoredigging.
4.3.3 Use of explosives: The use of explosives as a fishing device in the internal
and territorial waters of the State of Rhode Island is prohibited.
4.3.4 Use of devices capable of harvesting shellfish while in polluted areas: No
person shall work, cast, haul, or have overboard a dredge, pair of tongs, rake or
rakes, air-assisted equipment, water-assisted equipment, or any other implement
capable of harvesting shellfish, except for the taking of conch in pots and the use of
an implement commonly employed for the taking of bay scallops (within established
bay scallop harvest seasons), in waters declared polluted by the Director. (RIGL 20-
8.1-6)
4.3.5 Power hauling of tongs and bullrakes: Power hauling of tongs and bullrakes
for any purpose other than the removal and retrieval of bullrakes and tongs from the
benthic sediments is prohibited.
4.3.6 Method of harvest of oysters, bay quahaugs, soft-shell clams: No person shall
dig and/or take any oysters, bay quahaugs, soft-shell clams from the waters of this
State by dredge(s), rakes, or other apparatus operated by mechanical power or
hauled by power boats, unless as provided for in these regulations.
4.3.7 Dimensions for bullrakes and tongs when using power hauling equipment: No
person shall use any power hauling equipment in the operation of bullrakes and
tongs with dimensions exceeding the following:
(A) Maximum width measured along a line parallel to the tooth bar: Thirty-one
and one-half (31½) inches;
(B) Maximum tooth length: Four and one-half (4½) inches;
(C) Maximum basket depth: Twelve (12) inches, measured along a line
perpendicular to the tooth bar and extending from the tooth bar to any point on
the basket.
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(D) Possession of bullrakes and tongs in excess of these size restrictions shall
be prohibited aboard vessels equipped with any power hauling equipment.
(E) Except as required for safety or to avoid property loss, no vessel involved in
the harvest of bay quahaugs or oysters by use of bullrakes or tongs may be
moved or propelled by any source of mechanical power at any time when any
bullrakes or tongs operated from such vessel are submerged in the waters of the
state.
4.3.8 Tong construction: No person shall take shellfish, or attempt to take shellfish,
or have in his possession while on the waters of this State, with tongs not meeting
the following dimensions:
(A) Minimum tooth gap: Not less than one (1) inch apart.
(B) Heads: Heads on the bar or heads constructed with wires, rods, crossbars,
or reinforcement that will form a rectangle shall not be less than one (1) inch by
two and one half (2½) inches.
(C) A tolerance of one sixteenth (1/16) of an inch is allowed.
4.3.9 Bullrake construction: No person shall take shellfish, or attempt to take shell-
fish, or have in his possession while on the waters of this State, with a bullrake not
meeting the following dimensions:
(A) Minimum tooth or tine gap: Not less than one (1) inch apart.
(B) Crossbars or reinforcement that will form a rectangle shall not be less than
one (1) inch by two and one half (2½) inches.
(C) A tolerance of one sixteenth (1/16) of an inch is allowed.
4.3.10 Quahaug diving basket construction: No commercially licensed diver shall
take or attempt to take quahaugs from the waters of the State of Rhode Island with a
diver’s quahaug harvesting basket, bag, or combination of basket and bag, or similar
device not meeting the following dimensions:
(A) Bar spacing: Not less than one (1) inch by two and one half (2½) inches. A
tolerance of one sixteenth (1/16) inch is allowed.
(B) Bag mesh on the quahaug harvesting basket: Not less than two (2) inches
when measured on the stretch (from inside of knot to inside of the knot). A
tolerance of one eighth (1/8) inch for variance in the twine is allowed. The bag
shall be hung on the square so that when held by the mouth, the twine forms fully
opened squares.
4.3.11 Dredging of bay scallops:
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(A) Maximum number of single dredges used: Six (6) single dredges.
(B) Maximum width of dredge blades: Twenty eight (28) inches.
(C) Maximum length of bag: Thirty-six (36) inches.
(D) Each single dredge shall be towed and hauled aboard the registered vessel
individually. All oysters, soft-shell clams, or bay quahaugs shall be immediately
returned to the waters from which they were taken. (RIGL 20-6-7; 20-6-19)
(E) Areas where bay scallop dredging is prohibited: The use of bay scallop
dredges is prohibited in closed areas of Shellfish Management Areas, as
identified in these regulations.
4.3.12 Dredging of blue mussels: When dredging for blue mussels, all bay scallops,
oysters, or bay quahaugs shall be immediately returned to the waters from which
they were taken. (20-6-7)
4.3.13 Dredging of surf clams and ocean quahaugs:
(A) Surf clam gear restrictions:
(1) Hydraulic dredging: The maximum width of a dredge blade, knife or
manifold is forty-eight (48) inches.
(2) Multiple dredge restriction: It is unlawful for any vessel to operate more
than one dredge while harvesting for surf clams.
(B) Areas allowed: Except as hereinafter provided and unless otherwise
specified by DEM regulation, dredging for surf clams by R.I. residents is allowed
only in waters southerly of a line extending from Church Point, in the town of
Little Compton, to Flint Point on Aquidneck Island, southerly of the coastline of
Aquidneck Island, southerly of a line extending from Castle Hill Point on
Aquidneck Island, to Southwest Point of Conanicut Island to Bonnet Point,
Narragansett, easterly of the coastline of the town of Narragansett, southerly of
the coastline of the towns of Narragansett, South Kingstown, and Charlestown,
and westerly to the Connecticut line. For the purpose of this section, “coastline”
refers to the land facing the open sea.
(C) Tagging of cages: Shellfish cages must be tagged in accordance with the
United States Food and Drug Administration/RIDOH regulations before being off-
loaded in Rhode Island.
4.3.14 Dredging for sea scallops:
(A) Maximum dredge size for a vessel in possession of sea scallops: Ten and
one-half (10½) feet.
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(B) Minimum dredge ring size: Four (4) inches.
(C) The minimum mesh size of a net, net material or any other material on the
top of a sea scallop dredge (twine top) possessed or used by vessels fishing with
sea scallop dredge gear/net size of twine top is ten (10) inch square or diamond
mesh.
4.4 Minimum Sizes:
4.4.1 Bay quahaug: One inch (1") shell thickness (hinge width). (20-6-11)
4.4.2 Soft-shell clam: Two inches (2”) taking the maximum shell diameter or
measured parallel to the long axis of the clam. (20-6-11)
4.4.3 Oyster: Three inches (3”) measured parallel to the long axis of the oyster.
(20-6-11)
4.4.5 Bay scallop: The taking or possession of a seed Bay scallop is prohibited.
Seed bay scallops shall be immediately returned to their natural beds in the water
from which taken. (20-6-17)
4.4.6 Surf clam: Five inches (5”) measured parallel to the long axis of the clam.
4.4.7 Sea scallop: Three and one-half inches (3½”), measuring in a straight line
from the hinge to the part of the shell furthest from the hinge, whether caught within
the jurisdiction of this State or otherwise.
4.4.8 Conch: Three inches (3”)(76.2mm) shell width or five and three eighths
inches (5 3/8”)(136.5 mm) shell length.
4.5 Seasons:
4.5.1 Bay quahaug, soft-shell clam, blue mussel, sea scallop, conch, surf clam, and
ocean quahaug:
(A) Open daily in waters other than Shellfish Management Areas, unless
otherwise closed due to pollution or other management purposes.
4.5.2 Oyster: September 15 through May 15 annually.
4.5.3 Bay scallop:
(A) Dip-netting from a boat: Open only from the first Saturday in November
through December 31 annually.
(B) Dredging: Open only from December 1 through December 31 annually.
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4.6 Daily possession limits in waters other than Shellfish Management Areas:
4.6.1 Recreational – R.I. resident:
(A) Bay quahaug, soft-shell clam, surf clam, blue mussel, and oyster: One half
(½) bushel per person per day. (RIGL 20-6-1)
(B) Bay scallop: One bushel per person per day. (RIGL 20-6-1)
(C) Conch: One half (½) bushel per resident per day; and maximum of one
bushel per vessel per day.
(1) Conch pot limit: Five conch pots in the water at any one time.
(D) Sea scallop: Forty (40) pounds shucked; or five bushels of in-shell scallops
per vessel per day.
4.6.2 Recreational – Licensed non-resident:
(A) Bay quahaug, soft-shell clam, surf clam, blue mussel, and oyster: One peck
per person per day. (RIGL 20-6-10)
(B) Bay scallop: The harvest or possession of Bay scallops by non-residents is
prohibited.
(C) Conch: The harvest or possession of conchs by non-residents is prohibited.
(D) Sea scallop: Forty (40) pounds shucked; or five (5) bushels of in-shell
scallops per vessel per day.
4.6.3 Commercial:
(A) Bay quahaug:
(1) Multi-purpose (MPURP) and Principal Effort License (PEL) holders:
Twelve (12) bushels per person per day. (RIGL 20-6-10)
(2) Commercial Fishing License (CFL), Student shellfish license, and Over-65
shellfish license holders: Three (3) bushels per person per day. (RIGL 20-
2.1-5)
(B) Soft-shell clam: Twelve (12) bushels per person per day. (RIGL 20-6-10)
(C) Oyster: Three (3) bushels per person per day. (RIGL 20-6-10)
(D) Bay scallop: Three (3) bushels per person per day; and maximum of three
(3) bushels per vessel per day. (RIGL 20-6-16)
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(E) Surf clam: Two hundred (200) bushels per person per day.
(F) Ocean quahaug: Twenty six (26) cages or eight hundred thirty two (832)
bushels per person per day.
(G) Sea scallops: For non-federally permitted vessels, four hundred (400)
pounds of shucked; or fifty (50) bushels of in-shell scallops per vessel per day.
(H) Conch: Thirty five (35) bushels per vessel per day.
(1) Commercial conch pot limit: Maximum of three hundred (300) conch pots
per licensee in the water at any one time.
4.7 Shellfish Management Areas – Descriptions, Seasons, and Possession Limits:
4.7.1 Conimicut Point, Potowomut, High Banks, Bissel Cove/Fox Island, Mill Gut,
Bristol Harbor, Kickemuit River, Jenny’s Creek, Sakonnet River, Pt. Judith Pond,
Potter Pond, Ninigret (Charlestown) Pond, Quonochontaug Pond, Winnapaug Pond,
Green Hill Pond, Narrow River, Little Narragansett Bay/Pawcatuck River,
Providence/Seekonk Rivers, Warren River, and Town Pond are declared Shellfish
Management Areas pursuant to RIGL 20-3-4.
4.7.2 Shellfish Management Areas may have additional regulations specific to the
Management Area. Refer to each Management Area listed below.
(A) In Shellfish Management Areas, shoredigging is open daily at reduced
Shellfish Management Areas possession limits, unless closed due to pollution or
other management purposes.
(B) Commercial boat harvest schedule in Shellfish Management Areas:
Recommendation for a change to the default schedules specified herein shall be
submitted to the Director at least sixty (60) days prior to the first proposed
opening date.
(1) Greenwich Bay Area’s 1 & 2:
(a) The schedule for the month of December may include up to 48 hours
of permitted shellfishing, spread over any number of days during the
month, excluding December 25.
(b) If weather or water quality conditions during the month of December
prevent opening on two or more scheduled days, the DEM may modify the
December schedule to allow for additional hours or days of permitted
shellfishing.
4.7.3 Daily possession limits:
(A) Recreational – R.I. resident:
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(1) Bay quahaug, soft-shell clam, surf clam, blue mussel, and oyster: One
peck per person per day.
(2) Bay scallop: One bushel per person per day.
(3) Conch: One half (½) bushel per resident per day; or if a vessel with more
than one (1) resident onboard is used, a maximum of one (1) bushel per
vessel per day.
(a) Conch pot limit: Five (5) conch pots in the water at any one time.
(B) Recreational – licensed non-resident:
(1) Bay quahaug, soft-shell clam, surf clam, blue mussel, and oyster: One
half (½) peck per person per day.
(2) Bay scallop: The harvest or possession of Bay scallops by non-residents
is prohibited.
(3) Conch: The harvest or possession of Conch by non-residents is
prohibited.
(C) Commercial:
(1) Bay quahaug, soft-shell clam, blue mussel, surf clam and oyster: Three
bushels per person per calendar day; maximum of six (6) bushels per vessel
per calendar day;
(a) A maximum of two (2) licensed shellfishers per vessel is allowed.
(b) Possession limit for shore-digging in Greenwich Bay Management
Area sub-areas 1 and 2: The possession limit is three (3) bushels per
person per day whenever GB sub-area 1 is open to boat harvest, but one
(1) peck per person per day whenever GB sub-area 1 is not open to boat
harvest.
(2) Bay scallop: Three (3) bushels per person per day; maximum of six (6)
bushels per vessel per day.
(a) A maximum of two (2) licensed shellfishermen per vessel is allowed.
(3) Conch: Thirty five (35) bushels per vessel per day.
(a) Commercial conch pot limit: Maximum of three hundred (300) conch
pots per licensee in the water at any one time.
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4.7.4 Greenwich Bay (GB): Described as the waters west of a line between the
flagpole at the Warwick Country Club and the end of Sandy Point on the Potowomut
Shore, in the town of East Greenwich and city of Warwick.
(A) GB sub-area 1: Described as the waters east of a line between the DEM
range marker located at the end of Neptune Street in Chepiwanoxet to the DEM
range maker located on Cedar Tree Point, and north of a line between the far
northeastern section of Chepiwanoxet Point and the westernmost flagpole on
Promenade Street, Old Buttonwoods.
(B) GB sub-area 2: Described as the waters west of a line between Sally Rock
Point and the westernmost flagpole on Promenade Street, Old Buttonwoods; and
south of a line between the far northeastern section of Chepiwanoxet Point and
the westernmost flagpole on Promenade Street, Old Buttonwoods.
(3) Commercial boat harvest schedule for GB sub-areas 1 and 2:
(1) January 4, 2016 through April 28, 2016: Open from 8:00A.M. to
12:00P.M. noon on Mondays, Wednesdays, and Fridays.
(2) Default commercial boat harvest schedules for GB sub-areas 1 & 2: If no
action is taken to establish specific harvest schedules annually, the following
schedule shall be in effect by default:
(a) Open 8:00A.M. to 12:00P.M. noon on Mondays, Wednesdays, and
Fridays, beginning on the second Wednesday of December and
continuing through the last Friday in April, excluding December 25 and
January 1 annually.
(5) GB Area 3: Described as the waters east of a line between Sally Rock
Point and the westernmost flagpole on Promenade Street, Old Buttonwoods,
and west of a line between the flagpole at the Warwick Country Club and the
end of Sandy Point on the Potowomut Shore.
(a) Commercial boat harvest schedule: Open daily.
4.7.5 Conimicut Point: Described as the waters south of a line running from the
pole (Latitude: 41° 43’ 2.93” North, Longitude: 71° 21’ 27.68” West) on Conimicut
Point to the center of the Old Tower at Nayatt Point; and north of a line from the
western most extension of Samuel Gorton Avenue in the city of Warwick, and the
southern most extension of Bay Road in the town of Barrington.
(A) The reduced Shellfish Management Area possession limit applies only to
soft-shell clams.
4.7.6 Potowomut: Described as the waters at the mouth of Greenwich Bay south of
a line between the flagpole at the Warwick Country Club to the seaward end of
Sandy Point and north of a line between and the seaward end of Pojac Point to buoy
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"G1" (Round Rock) to the Warwick Lighthouse, including all the waters of the
Potowomut River seaward of the Forge Road Spillway, in the towns of East
Greenwich and city of Warwick.
(A) Area A: Described as the waters west of a line between the seaward end of
Sandy Point and buoy “G1” (Round Rock) and north of a line between the
seaward end of Pojac Point to buoy "G1" (Round Rock).
(1) Harvest schedule: Open daily.
(B) Area B: Described as the triangular area east of a line between the seaward
end of Sandy Point and buoy “G1” (Round Rock) and west of a line between the
flagpole at the Warwick Country Club and buoy “G1” (Round Rock) and south of
a line between the flagpole at the Warwick Country Club to the seaward end of
Sandy Point. Area “B” is closed to shellfishing until further notice.
(1) Harvest schedule: Closed except for the harvest of bay scallops by dip-
netting from a boat during the open season for bay scallops.
(C) Area C: Described as the waters east of a line between the flagpole at the
Warwick Country Club and buoy “G1” (Round Rock) and north of a line from
buoy "G1" (Round Rock) to the Warwick Lighthouse.
(1) Harvest schedule: Open daily.
4.7.7 High Banks: Described as the waters of the upper west passage south of a
line between the seaward end of Pojac Point to the Round Rock buoy “G1” and
north of a line from the seaward end of the fence between the former Davisville Navy
property and Pettee Street in the Mount View section of North Kingstown to “N6”
buoy located mid-bay west of Prudence Island. The area is bounded on the east by
a line projecting from the easternmost end of Pier 2 at Davisville to the Round Rock
buoy “G1” and is bounded to the west by the shore, in the town of North Kingstown.
(A) Harvest schedule: Open daily
4.7.8 Bissel Cove/Fox Island: Described as the waters of Bissel Cove in its entirety
and adjacent waters of Narragansett Bay south of a line between Pole #275 at the
corner of Waldron and Seaview Avenues and the southwestern most point of Fox
Island (south of the cable area), west of a line from the southwestern most point of
Fox Island to the northern most point of Rome point, in the town of North Kingstown.
(A) Commercial boat harvest schedule:
(1) Beginning the 2nd Wednesday of December through April 30, 2016: Open
daily for the harvest of bay quahaugs, soft-shell clams, and blue mussels.
(2) May 1 through November 30 annually: Closed.
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(3) Default commercial boat harvest schedule: If a previously established
boat harvest schedule expires, the following default schedule shall be in
effect:
(a) Open 8:00 A.M. to 12:00 noon on Mondays, Wednesdays, and
Fridays, beginning on the second Wednesday of December and
continuing through the end of April annually. Harvest is prohibited on
December 25 and January 1 annually.
(B) Oyster harvest moratorium: The harvest and possession of oysters in the
Bissel Cove/Fox Island Shellfish Management Area is prohibited until November
15, 2020.
4.7.9 Mill Gut: Described as the waters of Mill Gut, lying south of the northern-most
bridge on Colt Drive, in the town of Bristol.
(A) Harvest schedule: Open for the harvesting of bay quahaugs, soft-shell
clams, blue mussels, and oysters only between the second Wednesday in
December and April 30 annually.
4.7.10 Bristol Harbor: Described as the marine waters of Bristol Harbor and its
tributaries located south of a line extending between CRMC permitted dock #419
located at 163 Poppasquash Road in the town of Bristol to and the northwest corner
of the Rockwell Pier municipal parking lot in the town of Bristol; and north of a line
beginning extending from the north side of CRMC Permitted Dock #1601 where it
meets the shoreline, located at 363 Poppasquash Road in the town of Bristol and
the northwest corner of the U.S. Coast Guard station pier in the town of Bristol.
(A) Commercial boat harvest schedule:
(1) December 2015: Closed.
(2) Beginning January 11, 2016: Open 8:00A.M. to 12:00P.M. noon on
Mondays, Wednesdays, and Fridays.
(3) February 1 through April 30, 2016: Open daily.
(4) May 1 through November 30 annually: Closed.
(5) Default commercial boat harvest schedule: If a previously established
boat harvest schedule expires, the following default schedule shall be in
effect:
(a) Open 8:00A.M. to 12:00P.M. noon on Mondays, Wednesdays, and
Fridays, beginning on the second Wednesday of December and
continuing through the end of April. Harvest is prohibited on December 25
and January 1 annually.
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4.7.11 Kickemuit River: Described as the waters of the Kickemuit River north of a
line connecting nun buoy 6 and can buoy 1 at Bristol Narrows.
4.7.12 Jenny’s Creek: Described as the waters of Prudence Island including
Jenny’s Creek north of the inlet at Pine Hill Cove.
(A) Harvest schedule: Closed except for the harvest of bay scallops by dip-
netting from a boat during the open season for bay scallops.
4.7.13 Sakonnet River: Described as the waters north of a line from Sachuest Point
to Sakonnet Light. The northern boundary is an east/west line across the Sakonnet
River lying one quarter (1/4) mile south of the pipeline found just south of Black
Point, so-called; the western boundary is a north/south line running from Flint Point
to Taggert’s Ferry, so-called, in the town of Middletown.
(A) The possession limit for surf clams is two hundred (200) bushels/vessel/day.
(1) A bycatch of one (1) bushel of bay quahaugs for each ten (10) bushels of
surf clams, not to exceed twelve (12) bushels of bay quahaugs, is allowed per
vessel.
4.7.14 Point Judith Pond: Described as the waters of Point Judith Pond, including
East Pond, in their entireties, in the towns of South Kingstown and Narragansett.
4.7.15 Potter Pond: Described as the waters of Potter Pond in its entirety, west of
the bridge at Succotash Road, in the town of South Kingstown.
(A) Closed area: The harvest and possession of shellfish is prohibited, except
for the harvest of bay scallops by dip-netting from a boat during the open season
for bay scallops, in the following area: The area within Sycamore Cove defined
as north of a line running easterly from a special DEM marker located at N 41
degrees 23 minutes 2.0 seconds, W 71 degrees 32 minutes 13.0 seconds; to a
second special DEM marker located at N 41 degrees 23 minutes 1.0 second, W
71 degrees 31 minutes 59.5 seconds; and bound by the northern pond shoreline
between the special DEM markers.
4.7.16 Ninigret (Charlestown) Pond: Described as the waters of Ninigret Pond in its
entirety, in the town of Charlestown.
(A) Western Closed area: The harvest and possession of shellfish is prohibited,
except for the harvest of bay scallops by dip-netting from a boat during the open
season for bay scallops, in the following area: The waters within an area formed
by the following points: from (“A” N 41 degrees 20 minutes 41.7 seconds W 71
degrees 41 minutes 24.3 seconds, the northeast corner of the Ninigret
Conservation Area parking lot) following the shoreline to (“B” N 41 degrees 20
minutes 49.6 seconds W 71 degrees 41 minutes 4.6 seconds, a DEM sign
approximately 500 meters eastward of “A”); from “B” northward to (“C” N 41
degrees 21 minutes 31.0 seconds W 71 degrees 41 minutes 22.2 seconds, the
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Lavin’s Landing Marina launching ramp); from “C” following the shoreline to (“D”
N 41 degrees 21 minutes 10.1 seconds W 71 degrees 41 minutes 40.9 seconds,
a DEM sign on the westernmost end of Reeds Point); from “D” southward to “A”.
(B) Foster Cove Northern Closed Area: The harvest and possession of shellfish
is prohibited in the following area: The waters within an area formed by the
following points: from (“A” N 41 degrees 21 minutes 58.7 seconds, W 71 degrees
40 minutes 33.8 seconds [41°21'58.7"N, 71°40'33.8"W]) to a point 125 feet
south-southeast (“B” N 41 degrees 21 minutes 57.5 seconds, W 71 degrees 40
minutes 34.4 seconds [41°21'57.5"N, 71°40'34.4"W]), to a point xxx feet east-
southeast (“C” N 41 degrees 21 minutes 56.5 seconds, W 71 degrees 40 minutes
31.1 seconds [41°21'56.5"N, 71°40'31.1"W]), to a point 125 north-northeast (“D”
N 41 degrees 21 minutes 57.8 seconds, W 71 degrees 40 minutes 30.5
seconds[41°21'57.8"N, 71°40'30.5"W], from “D” westward to “A”.
(1) This area shall remain closed until January 1, 2020, unless extended by
the Director after RIMFC review.
(C) Foster Cove Eastern Closed Area: The harvest and possession of shellfish is
prohibited in the following area: The waters within 75 feet of shore beginning at a
point (“A” N 41 degrees 21 minutes 49.3 seconds, W 71 degrees 40 minutes 24.8
seconds [41°21'49.3"N 71°40'24.8"W]) continuing along the shore to a point
northwest (“B” N 41 degrees 21 minutes 52.4 seconds, W 71 degrees 40 minutes
31.0 seconds [41°21'52.4"N 71°40'31.0"W]), continuing along the shore to a point
east-southeast (“C” N 41 degrees 21 minutes 51.6 seconds, W 71 degrees 40
minutes 23.6 seconds [41°21'51.6"N 71°40'23.6"W]).
(1) This area shall remain closed until January 1, 2020, unless extended by
the Director after RIMFC review.
4.7.17 Quonochontaug Pond: Described as the waters of Quonochontaug Pond in
its entirety, in the towns of Charlestown and Westerly.
(A) Closed areas:
(1) Western closed area: The harvest and possession of shellfish is
prohibited, except for the harvest of bay scallops by dip-netting from a boat
during the open season for bay scallops, in the following area: Described as
the waters south of a line running easterly from the special DEM marker at
the end of Quahaug Point (N 41 degrees 20 minutes 0.0 seconds, W 71
degrees 44 minutes 39.5 seconds), to a second special DEM marker at the
northern end of Nope’s Island (N 41 degrees 20 minutes 5.0 seconds, W 71
degrees 44 minutes 1.0 second). The area will be bordered on the west by a
line running south from Quahaug Point to a special DEM marker located on
the barrier beach shoreline (N 41 degrees 19 minutes 50.0 seconds, W 71
degrees 44 minutes 40.0 seconds). The southern boundary will be the
shoreline between the barrier beach special DEM marker and Nope’s Island
special DEM marker.
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(2) Eastern closed area: The harvest and possession of shellfish is
prohibited, except for the harvest of bay scallops by dip-netting from a boat
during the open season for bay scallops, in the following area: Described as
the waters east of a line running southerly from the special DEM marker
located at N 41 degrees 21 minutes 1.1 seconds W 71 degrees 42 minutes
33.4 seconds, to a second special DEM marker located at N 41 degrees 20
minutes 41.0 seconds W 71 degrees 42 minutes 44.1 seconds; and bound by
the eastern pond shoreline between the special DEM markers.
(B) The harvest and possession of oysters in Quonochontaug Pond is prohibited
until September 15, 2021.
4.7.18 Winnapaug Pond: Described as the waters of Winnapaug Pond in its
entirety, in the town of Westerly.
(A) Closed Area: The harvest and possession of shellfish is prohibited, except
for the harvest of bay scallops by dip-netting from a boat during the open season
for bay scallops, in the following area: Described as the waters north of a line
running easterly from a special DEM marker at Big Rock Point (N 41 degrees 19
minutes 49.0 seconds, W 71 degrees 47 minutes 57.0 seconds), to the special
DEM marker at the southern end of Larkin's Island (N 41 degrees 19 minutes
55.0 seconds, W 71 degrees 47 minutes 5.0 seconds),. The area will be bor-
dered on the east by a line running northwesterly the Larkin's Island special
marker to a special DEM marker adjacent to the end of Bayside Avenue (N 41
degrees 19 minutes 58.0 seconds, W 71 degrees 47 minutes 9.0 seconds). The
northern boundary is the shoreline between the Bayside Ave special DEM
marker and the Big Rock Point special DEM marker.
4.7.19 Green Hill Pond: Described as the marine waters of Green Hill Pond and its
tributaries in its entirety, in the towns of South Kingstown and Charlestown.
(A) Harvest schedule: Closed except for the harvest of bay scallops by dip-
netting from a boat during the open season for bay scallops.
4.7.20 Narrow River: Described as the marine waters of the Narrow River in its
entirety, in the towns of Narragansett, South Kingstown, and North Kingstown.
(A) Harvest schedule: Closed except for the harvest of bay scallops by dip-
netting from a boat during the open season for bay scallops.
4.7.21 Little Narragansett Bay and Pawcatuck River: Described as the marine
waters of Little Narragansett Bay and Pawcatuck River within the State of Rhode
Island which are northeast of a line from the DEM range marker on a pole (Latitude
41.3217 º N, Longitude 71.8787 º W) near the southeastern extremity of Sandy Point
to a DEM range marker on a pole (Latitude 41.3103 º, Longitude 71.8775 º W) on
the northern shoreline of Napatree Point, including all waters of the “Kitchen” so
called, and those waters northeast of the southwest shoreline of Sandy Point to the
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state line. Harvesters should refer to the above latitudes and longitudes for the
closure line if the range markers and or poles are no longer present.
(A) Harvest schedule: Closed except for the harvest of bay scallops by dip-
netting from a boat during the open season for bay scallops.
4.7.22 Providence and Seekonk Rivers: Described as the marine waters of the
Providence River and Seekonk River and their tributaries located north of a line
extending from the flagpole (Latitude: 41° 43’ 2.93” North, Longitude: 71° 21’ 27.68”
West) located at Conimicut Point in the city of Warwick and the center of the Old
Tower at Nayatt Point; and southerly and seaward of the Hurricane barrier in the city
of Providence; and southerly and seaward of the Main Street Dam in the city of
Pawtucket.
(A) Harvest schedule: Closed except for the harvest of bay scallops by dip-
netting from a boat during the open season for bay scallops.
4.7.23 Warren River Shellfish Management Area: Described as the marine waters
of the Warren River and its tributaries located north and east of a line extending from
the flagpole at 178 Adams Point Road on Adams Point in Barrington to the DEM
range marker at Jacobs Point; and southerly and downstream of the Main
street/Route 114 bridge at its intersection with the Barrington River in the town of
Barrington; and southerly and downstream of the Main street/Route 114 bridge at its
intersection with the Palmer River in towns of Bristol and Warren.
(A) Harvest schedule: Closed except for the harvest of bay scallops by dip-
netting from a boat during the open season for bay scallops.
4.7.24 Town Pond: Described as the marine waters of Founders Brook and Town
Pond in their entirety, in the town Portsmouth.
(A) Harvest schedule: Closed except for the harvest of bay scallops by dip-
netting from a boat during the open season for bay scallops.
4.8 Wet Storage of Shellfish:
4.8.1 No person shall engage in wet storage of molluscan shellfish without first
obtaining a dealer's license from DOH and DEM.
4.9 Commercial Handling of Shellfish:
4.9.1 Commercial shellfishermen shall conduct all activities and operations involving
or relating to the possession and handling of shell stock so as to prevent
contamination, deterioration and decomposition of such shell stock.
4.9.2 Containers used for storing shell stock must be clean.
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4.9.3 Boat decks and storage bins used in the harvest or transport of shell stock
shall be kept clean with potable water or water from the growing area in approved
classification or the open status of conditional areas.
4.9.4 Commercial shellfishermen using a vessel to harvest and transport shell stock
shall assure that said vessel is properly constructed, operated and maintained to
prevent contamination, deterioration and decomposition of shell stock.
4.9.5 Commercial shellfishermen using a vessel to harvest and transport shell stock
shall prevent bilge water from coming into contact with shell stock.
4.9.6 Commercial shellfishermen using a boat to harvest and transport shell stock
shall provide such vessel with effective drainage to avoid contact between bilge
water and shell stock.
4.9.7 Commercial shellfishermen using a vessel to harvest and transport shell stock
shall locate bilge pumps so that discharge shall not contaminate shell stock.
4.9.8 Shell stock shall be washed reasonably free of bottom sediments as soon
after harvesting as possible. The harvester shall be primarily responsible for
washing shell stock. If shell stock washing is not feasible at the time of harvest, the
dealer shall assume this responsibility. Water used for washing shall be from a
potable water source, or growing area in the approved classification or open status
of the conditionally approved classification.
4.9.9 The discharge of human sewage from a vessel used in the harvesting of shell
stock, or from vessels that buy shell stock, within waters of the state is prohibited.
4.10 Commercial Tagging of Shellfish:
4.10.1 Commercial shellfishermen must place any and all shellfish taken by them
(except those shellfish returned to the waters of the harvest area) into containers,
and must tag each and every container with a “harvester tag” conforming to the
requirements of this section, prior to shellfish being placed in the container.
4.10.2 The harvester tag shall be durable, waterproof, and sanctioned by the R.I.
Department of Health. The tag shall contain the following indelible, legible
information in the order specified as follows: The harvester’s identification number
as assigned by DEM; the date of harvest; the harvest commencement time; the
harvest location as identified on the R.I. Shellfish Harvest Area Tagging Map; the
shellfish management area; the type (species) of shellfish; and the approximate
quantity of shellfish. The harvest commencement time will indicate the time that the
first shellfish that the harvester is currently in possession of was removed from the
water and should be the same for all shellfish that the harvester is in possession of
regardless of tagging area.
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4.10.3 Each tag shall also carry the following statement in bold capitalized type:
“THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR
IS RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS”
4.10.4 Commercial shellfishermen shall not place shell stock harvested from more
than one growing area into the same container. When the harvester is also a dealer,
the harvester has the option to tag the shell stock with a harvester tag or a dealer’s
tag meeting the requirements of the RIDOH regulations.
4.10.5 Bulk tagging of shell stock will be permitted only with prior approval of the
Director under the following criteria:
(A) When shell stock are harvested from one harvest area on a single day,
multiple containers may be utilized on a wrapped pallet, in a tote, in a net brailer,
or other container and the unit tagged with a single tag; and
(B) A statement that all shell stock containers in this lot have the same harvest
data and area of harvest; and number of containers in the unit.
4.11 Commercial Temperature Control of Shellfish:
4.11.1 Commercial shellfishermen shall not allow shell stock to deteriorate or
decompose from exposure to excessive temperature and shall deliver shell stock to
a licensed dealer before such deterioration or decomposition occurs.
4.11.2 Harvest of shellfish from sunrise November 1 through sunset March 31
annually: The maximum allowable time between the commencement of harvest of
shell stock and delivery to a dealer shall be twenty hours. Possession of shell stock
in excess of 20 hours is prohibited.
4.11.3 Harvest of shellfish from sunrise April 1 through sunset October 31 annually:
The maximum allowable time between the commencement of harvest of shell stock
and delivery to a dealer shall be 10 hours. Possession of shell stock in excess of 10
hours is prohibited.
(A) The harvester shall provide shading to all shellfish intended for harvest
aboard vessels and during land-based deliveries.
(B) Harvest of quahogs or oysters from within Designated Temperature Control
Areas that exceed five hours to complete shall be placed in mechanical
refrigeration or adequately iced in a storage container within five (5) hours of the
commencement of harvest until the shellfish are transferred to a licensed dealer
within 10 hours.
4.11.4 Ocean quahaugs, surf clams, and whelks are exempt from temperature
control requirements.
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4.12 Shellfish Transplant Regulations:
4.12.1 The Director is authorized and directed, after requiring all necessary safe-
guards, to transfer shellfish from uncertified waters of the State to approved areas.
The Director may make rules and regulations governing the re-harvest of those
shellfish to the best economical benefit of the state after all necessary safeguards to
insure their cleanliness. (RIGL §20-6-26)
4.12.2 Any person participating in the transplant program shall surrender his
commercial license to the conservation officer or DFW employee afloat on the
transplant bed or otherwise stationed to collect licenses. The license must be
surrendered before the participant commences digging shellfish.
4.12.3 The boundaries of the transplanting area shall be marked with designated
corner markers. All shellfishermen participating in the transplant program shall
harvest shellfish only within the boundaries of the transplant area so marked.
4.12.4 No shellfisherman shall commence harvesting shellfish in the transplant area
before the hour at which the transplant program is scheduled to commence. Hours
of transplanting shall be publicized in advance.
4.12.5 Shellfishermen participating in the transplant program shall bring no shellfish
into the transplant area before beginning the transplant. Any shellfish on board a
participant's boat shall be considered transplant shellfish, dug from the transplanting
area.
4.12.6 Any participant in the transplant program shall be considered to have
completed his participation in the program when he presents his shellfish to the "buy
boat/buy station" for counting/weighing. If the method of transplanting involves
diggers planting their own catch in the transplant bed, the shellfisherman shall first
present his catch to the authorized DEM officer for counting/weighing, and shall then
proceed directly to the planting area. Once the shellfisherman commences to
remove the shellfish from his boat to the "buy boat/buy station" or into the transplant
bed, he shall remove ALL shellfish from his boat before changing location. Any
change of location shall indicate that the shellfisherman has cleared his boat of
shellfish and is ready for inspection and return of license by DEM officers. No
shellfish shall be aboard any participant's boat at the time of inspection.
4.12.7 Temporary creation of a transplanting area shall in no way affect the polluted
status of the waters therein, or of any waters surrounding the transplanting area and
declared polluted.
4.12.8 Violation of any of these provisions shall be punishable by a fine of up to
$500 and/or up to 30 days in jail.
4.12.9 Agents of the DEM may limit the maximum allowable harvest by each
participant in a transplant. Agents of the DEM may limit the number of participants
in a shellfish transplant program provided that the limit is determined in a fair and
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equitable manner. (RIGL 20-6-29)
4.12.10 Dredging, Raking, and Tonging in Transplant Beds: Those areas to which
the shellfish are transferred shall be marked out, and dredging, raking, or tonging on
them shall be prohibited except under the special direction of the Director. (RIGL
20-6-27)
4.13 Violations for Non-compliance:
4.13.1 If the DFW and/or the Chief of the Division of Law Enforcement determine
that there has been non-compliance with the provisions of these regulations or a
permit agreement, the owner and/or operator of the permitted vessel shall be
advised of such determination and the specific grounds therefore in writing by
delivery of same by certified mail or by personal service upon the owner or operator
in compliance with the requirements set out in Rule 4 of the Rhode Island Superior
Court Rules of Civil Procedure. The determination shall specifically include notice
that an opportunity for an impartial hearing is available before the Administrative
Adjudication Division pursuant to R.I. Gen. Laws Chapter 42-17.7 relative to either or
both the finding that sufficient evidence exists of non-compliance with the provisions
of these regulations or the permit agreement as well as the termination of the permit
and or the imposition of a penalty pursuant to RIGL 20-1-16.
4.14 Penalties:
4.14.1 Judicially imposed penalty for violations: Unless otherwise specifically
provided, the violation of any law or rule or regulation relating to wild animals, wild
birds, lobsters and fish, marine, freshwater and anadromous fisheries and
shellfisheries shall be a misdemeanor, punishable by a fine of not more than five
hundred dollars ($500) or imprisonment for up to ninety (90) days, or both (RIGL §20-
1-16).
4.14.2 Additionally, a person may be subject to the imposition of a administrative
penalty pursuant to DEM’s “Rules and Regulations Governing the
Suspension/Revocation of Commercial Marine Fisheries, Shellfish Buyer, Lobster
Dealer, Finfish Dealer, and Multi-purpose Dealer, licenses issued pursuant to Title 20
of RIGL “Fish and Wildlife”.
4.15 Appeals:
4.15.1 Denial of a license or permit: Persons denied a license or permit may request
an appeal as provided by RIGL Chapter 42-17.7 and pursuant to DEM’s
“Administrative Rules of Practice and Procedure for the Administrative Adjudication
Division for Environmental Matters”
4.15.2 Enforcement Action: Any person affected by a decision of the Director for an
enforcement action pursuant to these regulations may file and appeal in accordance
with RIGL Chapter 42-17.7 and DEM’s Administrative Rules of Practice and
Procedure for the Administrative Adjudication Division for Environmental Matters.
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EFFECTIVE DATE
The foregoing rules and regulations, after due notice, are hereby adopted in accordance
with Chapter 42-35-18(b)(5), Administrative Procedures Act of the Rhode Island
General Laws of 1956, as amended.
_______________________________________
Janet L. Coit, Director
Department of Environmental Management
Notice Given:
01/13/2017
Public Hearing:
02/13/2017
Filing date:
04/07/2017
Effective date:
04/27/2017
ERLID # 8470