250-RICR-90-00-6
250-RICR-90-00-6. General Equipment Provisions (version Amendment, 05/08/2018 to 05/08/2019)
6.1 Purpose
The purpose of these Rules
and Regulations is to supplement and simplify and/or clarify existing
regulations in order to more efficiently manage the marine resources
of Rhode Island.
6.2 Authority
These regulations are adopted
pursuant to R.I. Gen. Laws Title 20, R.I. Gen. Laws Chapters 42-17.1,
42-17.6, and 42-17.7, and in accordance with R.I. Gen. Laws §
42-35-18(b)(5), Administrative Procedures Act.
6.3 Application
The terms and provisions of
these Rules and Regulations shall be liberally construed to permit
the Department to effectuate the purposes of state law, goals, and
policies.
6.4 Definitions
See Rhode Island Marine
Fisheries Regulations, Part 1 of this Subchapter.
6.5 Severability
If any provision of these
Rules and Regulations, or the application thereof to any person or
circumstances, is held invalid by a court of competent jurisdiction,
the validity of the remainder of the Rules and Regulations shall not
be affected thereby.
6.6 Superseded Rules and
Regulations
On the effective date of
these Rules and Regulations, all previous Rules and Regulations, and
any policies regarding the administration and enforcement these
regulations shall be superseded. However, any enforcement action
taken by, or application submitted to, the Department prior to the
effective date of these Rules and Regulations shall be governed by
the Rules and Regulations in effect at the time the enforcement
action was taken, or application filed.
6.7 General
A. Recreational use of nets
for bait:
1. Marine species may lawfully
be taken for personal use (not for sale) with nets, provided that all
existing minimum size and possession limit restrictions for the
species possessed are adhered to.
2. A two-quart per person
possession limit is authorized for all un-regulated marine species
any marine species that is not regulated by size, possession, and/or
season.
3. Beach seines or other nets
used for the recreational harvest of marine species shall not exceed
four (4) feet in depth and twenty (20) feet in length.
B. Obstruction of migratory
fish passage: No person shall obstruct the free passage of
anadromous or catadromous fish in any marine waters, river, or stream
of the State of Rhode Island.
C. Pots and buoys:
1. No person except the
Director shall unduly disturb any pot or associated line (warp)
and/or buoy, or remove any marine species from a pot, without the
written permission of the owner. (ref. R.I. Gen. Laws § 20-4-8).
2. Each pot used for the
taking of marine species shall have attached a buoy, and each pot and
buoy shall be identified with the name and license number of the
owner. (ref. R.I. Gen. Laws § 20-4-7)
3. The use of floating line
within eight (8) feet of the surface of the water, that is attached
to any fixed gear buoy, is prohibited.
4. Each pot used for the
taking of marine species shall bear a color scheme on the attached
buoy consistent with the color specified on the license. The buoy
color scheme shall also be displayed on any vessel used by the
licensee, such that the colors shall be painted on the port and
starboard sides of the hull in a section, not less than one foot (1')
square; or a clearly painted buoy shall be set at the highest point
on the vessel excluding the mast and be visible for 360°. The buoy
or colors must be prominently displayed on the vessel at all times
that gear is in the water.
5. No person shall place, set,
lift, raise, unduly disturb, draw in, or transfer any pot unless the
color scheme of the attached buoy is the same as the color
scheme that is on file with the license application and displayed on
the boat used by that person, or unless that person is duly licensed
and possesses written permission from the rightful owner of the pot,
trap, or other device (ref. R.I. Gen. Laws § 20 7 11.1(b)).
6.8 Commercial netting
6.8.1 Prohibited areas
(waters) for all commercial netting:
A. All netting, except
licensed fish traps are prohibited in the Harbor of Refuge and within
one hundred (100) yards of the Harbor of Refuge breakwater;
B. In all coastal salt pond
channels;
C. In Point Judith Pond in the
following locations:
1. In the southern portion of
Point Judith Pond from the Harbor of Refuge Breakwater and bounded on
the north by a line from Strawberry Hill Point to High Point, and on
the east by the Great Island Bridge;
2. In the northern portion of
Point Judith Pond, in the Narrows bounded on the west by a line from
Betty Hull Point to Short Point, and on the east by a line from Blue
Rock Point to Old Cellar Point;
3. In all waters north of a
line from Ram Point to Squally Point.
D. In the northern portion of
Potter Pond, within one hundred (100) feet of the Captain's Brook.
E. In the Narrow River in the
following locations:
1. Within three hundred (300)
yards of the seaward entrance to the river;
2. Between Middle Bridge and a
point located eight hundred (800) feet north of Bridgetown Road
Bridge;
3. Within one hundred (100)
feet north and south sides of the upper Narrows;
4. Within one hundred (100)
feet east and west of the seaward mouth of Gilbert Stuart Brook.
F. In the Pawcatuck River and
Little Narragansett Bay north of a line from Pawcatuck Rock to
Thompson Point, except for seining between February 1 and April 15
annually.
G. All fixed gear is
prohibited in the Foster Cove Channel and in the narrows in
Charlestown Pond.
6.8.2 Trawling Devices:
A. Net obstruction or
constriction: Any fishing vessel subject to minimum mesh size
restrictions using a trawl net shall not use any device or material,
including, but not limited to, nets, net strengtheners, ropes, lines,
or chafing gear, on the top of a trawl net, except that one splitting
strap and one bull rope (if present), consisting of line and rope no
more than three (3) inches in diameter, may be used if such splitting
strap and/or bull rope does not constrict, in any manner, the top of
the trawl net. “The top of the trawl net” means the fifty (50)
percent of the net that (in a hypothetical situation) would not be in
contact with the ocean bottom during a tow if the net were laid flat
on the ocean floor. For the purpose of this paragraph, head ropes
are not considered part of the top of the trawl net.
B. Trawling ground gear: The
use of rollers, rockhoppers or discs greater than twelve (12) inches
in diameter is prohibited while fishing in Rhode Island waters.
C. Prohibited areas: In
addition to those waters where all netting is prohibited, a trawling
device is prohibited in the following areas:
1. In the Upper Narraganset
Bay Trawling Area on any Saturday, Sunday, or legal State holiday
between July 1st and November 1st annually. The Upper
Narragansett Bay Trawling Area: The Upper Narragansett Bay Trawling
Area is designated a Marine Life Management Area pursuant to R.I.
Gen. Laws § 20-3-4, and is described as follows: the southern
boundary extends from Spink Neck in the Town of North Kingstown to
Pine Hill Point on Prudence Island, thence from Homestead Dock on the
easterly shore of Prudence Island, thence northeasterly to Hog Island
Shoal Light, and thence to the north abutment of the Mt. Hope Bridge
in the Town of Bristol; the western boundary extends from Sandy Point
in the City of Warwick to the southern tip of Warwick Point in the
City of Warwick; the northern boundary extends from the dock at Rocky
Point in Warwick to the southern tip of Poppasquash Point in Bristol,
thence to Hog Island Light, and thence to the northern abutment of
the Mt. Hope Bridge in Bristol.
2. In the Upper Sakonnet
Marine Life Management Area. The Upper Sakonnet River Marine Life
Management Area is designated a Marine Life Management Area
pursuant to R.I. Gen. Laws § 20-3 4, and is described as the waters
of the Upper Sakonnet River which lies north of a line extending from
McCurry Pt. in Portsmouth to the southern end of Jack's Island
(so-called) in Tiverton, and which lies south of the Sakonnet River
Bridge (Rt. 24).
3. In all coastal salt ponds,
except for otter trawling in Charlestown Pond and Quonochontaug Pond
in accordance with these regulations.
D. Otter Trawling:
1. Areas prohibited:
a. Charlestown Pond: Otter
trawling is prohibited on Saturdays,
Sundays, and legal State holidays, annually, in that portion of the
pond located south of a line extending from Marsh Point and
Horseshoe Point on the Arnolds shore; west of a line extending
from DEM markers located on Marsh Point and Marsh Neck Point; and
east of a line extending from the east shore of the Foster Cove
channel and a DEM marker located on the barrier beach;
b. Quonochontaug Pond: Otter
trawling is prohibited on Saturdays,
Sundays, and legal State holidays, annually, in that portion of the
pond located south of a line extending from a DEM marker located at
the end of Quahaug Point to the northern end of Nopes (Barn)
Island, and east of a line extending south from Quahaug Point to a
DEM marker located on the barrier beach;
c. In Potter Pond in its
entirety.
2. No person shall utilize an
otter trawl in the following areas between November 1 through
February 28 annually, that has a mesh size which measures less than
six (6) inches stretched mesh (measured inside knot to inside knot)
in the following areas:
a. In Narragansett Bay north
of a line extending from the easternmost extension of Carrier Pier in
North Kingstown to Conanicut Pt. in Jamestown, thence to the tips of
the T Pier on Prudence Island to Carr's Point in Portsmouth;
b. In the Sakonnet River north
of a line from Sachuest Pt. in Newport to Sakonnet Point in Little
Compton;
c. In Quonochontaug and
Charlestown Pond in their entireties.
6.8.3 Gill netting
A. Gill netting for bait:
1. Bait gill nets must be
clearly labeled with the name of the person setting or tending the
net and be constantly tended. No person shall set, haul, and/or
maintain a gill net for bait so as to obstruct the free passage of
fish in Rhode Island coastal waters, streams, rivers, or bays.
2. A bait gill net shall not
exceed one hundred (100) feet nor exceed a mesh size greater than
three and three quarters inches (3 3/4") (stretched).
B. Prohibited areas: In
addition to those areas where all netting is prohibited, and with the
exception of gill netting for bait, commercial gill netting is
prohibited in the following areas:
1. In all coastal salt ponds;
2. In the Pawcatuck River;
3. In Little Narragansett Bay;
4. Within one and one half
(1-1/2) miles south (true) and west (true) of Napatree Point;
5. Within one half (½) mile
in both directions of the seaward entrance to a coastal salt pond
channel, and for a distance of three hundred (300) yards seaward,
when such coastal salt pond is open to the sea;
6. Within one half (½) mile
of Block Island between April 15 and November 15 annually.
7. Within fifty (50) yards of
the entire Rhode Island coastline (mean high water line) during the
period October 15 - December 31, annually.
8. Within fifty (50) yards of
the Rhode Island coastline (mean high tide line) in the following
areas:
a. From Monahan's Dock
breakwater (State Pier #5) to the southernmost tip of Matunuck Pt.
(Carpenter's Bar);
b. In Narragansett Bay north
of the Colregs line, including Mt. Hope Bay;
c. In the Sakonnet River;
d. From the southern tip of
Sachuest Point to the juncture of Second Beach and Sachuest Point;
and,
e. From the southwest corner
of Price's Neck to Castle Hill Light House.
C. Gill nets shall be
connected in a continuous series not to exceed 3,000 linear feet.
D. Setting pattern: Each gill
net shall be set in a straight line (from one end buoy to the other).
E. No person shall set, haul,
or maintain a gill net within 3,000 feet of a licensed floating fish
trap.
F. No person shall set, haul,
and/or maintain a gill net in R.I. State waters during the month of
March, annually.
G. No person shall take or
possess any striped bass while gill netting, or while hauling a gill
net, including while gill netting for bait.
H. Marking of nets with buoys:
1. Both ends of a gill net
shall be marked with an orange or fluorescent orange bullet shaped
buoy with a size of nine (9) by sixteen (16) inches, and be clearly
marked with the letters "GN" with a minimum letter height
of three (3) inches and include the name and license number of the
licensee.
2. For gill nets set, hauled,
and/or maintained south of the Colregs line, all buoy lines must be
marked with three (3) individual green colored marks measuring twelve
(12) inches: one (1) at the top, one (1) at the midway point, and one
(1) at the bottom of each buoy line.
I. Tagging of nets:
1. Vessels permitted and
participating in the gill net tagging program administered by the
NOAA Fisheries Greater Atlantic Regional Office, and which are not
participating in the Rhode Island tagging program, may transit Rhode
Island State waters with gill nets on board the vessel only if all
gill nets are stowed, and, when applicable, have the federal gillnet
tags permanently attached.
2. No gill net shall be set,
hauled and/or maintained in Rhode Island State waters without
permanently attached non-transferable tags issued by the Director.
3. Eligibility: Gill net tags
are available only to a multipurpose license holder with gill net
endorsement.
4. Only one set of tags shall
be designated to a commercial license holder.
5. License holders are
eligible to receive a maximum of 80 tags, plus an additional 10 tags
for routine loss. No more than 80 tags shall be in the water at any
one time. No person shall possess at any one time more tags than are
authorized.
6. Nets are required to be
tagged beginning January 1, 2017. Tags shall be valid in 2-year
increments beginning January 1 and ending December 31 the following
year.
7. Tags shall be attached to
every string of gill nets as follows: one tag shall be attached on
each of the two terminal ends, at the bridle of each end net panel;
and one tag shall be attached on every other bridle of each net panel
within the string.
8. No person shall transfer
gill net tags between nets or between individuals or vessels.
9. No person shall file a
false claim of tag loss.
J. Tending of nets:
1. A gill net with a mesh size
less than or equal to ten (10) inches must be hauled at least once
each calendar day.
2. A gill net with a mesh size
greater than ten (10) inches must be hauled at least once every 7
days.
K. Weak link and anchor
requirements for gillnets set, hauled, and/or maintained south of the
Colregs line:
1. All buoys, floatation
devices and/or weights must be attached to the buoy line with a weak
link having a breaking strength of no greater than 1,100 pounds.
2. For nets that return to
port each day with the vessel, net panels must have a weak link
having a breaking strength of no greater than 1,100 pounds at the
center or each float line or at least every 25 fathoms along the
float line of a panel longer that 50 fathoms.
3. For nets which do not
return to port with the vessel, weak links of not greater than 1,100
pounds must be incorporated into net panels following one of the two
configurations required by the NOAA Fisheries Atlantic Large Whale
Take Reduction Plan.
4. All gill nets that do not
return to port with vessel, regardless of number of net panels, shall
be required to be anchored with the holding power of at least a 22
pound Danforth-style anchor at each end of the net string (must be a
burying anchor; no dead weights).
L. Pinger Specifications:
1. A pinger is an acoustic
deterrent device which, when immersed in water, broadcasts a 10 kHz
(± 2 kHz) sound at 132 dB (± 4 dB) re 1 micropascal at 1 m, lasting
300 milliseconds (± 15 milliseconds), and repeating every 4 seconds
(± 0.2 seconds).
2. Pingers shall be properly
attached to each gill net during the following time periods,
annually:
a. December 1 through February
28 (February 29 on leap years); and,
b. April 1 through May 31.
3. Pinger Attachment: A
pinger shall be attached at the end of each string of each gill net
and at the bridle of every net within a string of nets (e.g., in a
gill net string consisting of 3 nets, 4 pingers would be required).
4. Pinger Maintenance:
Pingers shall be maintained in an activated state at all times.
M. Drift and sink gill nets:
Only a floating and bottom tending gill net may be set, hauled, or
maintained in Rhode Island waters.
1. A floating gill net must be
constantly tended;
2. Minimum mesh size for a
bottom tending gillnet: No bottom tending gill net shall have a mesh
size smaller than five (5) inches stretched mesh.
N. Additional area specific
regulations:
1. No person shall set, haul,
and/or maintain a gill net in Narragansett Bay, Mount Hope Bay, or
Sakonnet River, north of the Colregs line, which does not meet the
following specifications:
a. Maximum length: A single
gillnet, or series of connected gillnets, shall not exceed 300 feet.
b. Spacing: No gillnet shall
be set within 150 feet of shore at mean low water, or within 2000
feet of another gillnet.
2. Waters within one half
(1/2) nautical miles of the Rhode Island coast (mean high tide line)
and south of the Colregs line:
a. Maximum length: A series
of connected gillnets shall not exceed a total length of six hundred
(600) feet.
b. Setting pattern: Each
gillnet shall be set perpendicular to the shore.
c. Spacing: No gillnet shall
be set within two thousand (2000) feet of another gillnet.
3. Waters between one half
(1/2) nautical miles and three (3) nautical miles from the Rhode
Island coast (mean high tide line):
a. No gill net shall be set
within two thousand (2000) feet of another gillnet during the period
from April 1 to October 1.
b. Marking:
(1) A series of connected gill
nets greater than six hundred (600) feet and less than or equal to
twelve hundred (1,200) feet must be marked with two (2) orange or
fluorescent orange floats with a size of nine (9) x sixteen (16)
inches on the westernmost end as measured on a compass circle from
magnetic south through west to, and including, north and one orange
or fluorescent orange floats with a size of nine (9) x sixteen (16)
inches on the easternmost end side as measured on a compass circle
from magnetic north through east to, and including, south. In the
case of nets set in a due north south line, the two orange or
fluorescent orange floats with a size of nine (9) x sixteen (16)
inches should be placed on the southernmost end.
(2) A series of connected
gillnets greater than 1,200 feet must be marked with an orange or
fluorescent orange float with a size of 9 x 16 inches and a radar
reflective highflyer at each end. One of the radar reflective
highflyer is to be marked with a flag on the westernmost side as
measured on a compass circle from magnetic south through west to, and
including, north. The easternmost side as measured on a compass
circle from magnetic north through east to, and including, south is
to be marked with a radar reflective highflyer that must remain
flagless. In the case of nets set in a due north south line, the
flag on the radar reflective highflyer should be placed on the
southernmost end.
6.8.4 Fyke nets
A. The fyke net must be
permitted by DEM prior to being placed in the marine waters of the
State. Persons applying for such permit shall provide the dates of
use, location, and net measurements.
B. Any fyke net placed in the
marine waters of the State shall meet the following dimensions:
1. Maximum length of fyke net
leader: One hundred (100) feet.
2. Maximum mesh size:
Stretched mesh shall not be greater than two and one half (2½)
inches.
3. Leader: Must not extend
more than 4 feet off the bottom.
C. Fyke nets must be tended
and hauled every 48 hours.
D. Fyke nets shall not be
placed within 250 feet of any other fishing net.
E. Prohibited areas: In
addition to those waters where all netting is prohibited, fyke nets
are prohibited in Charlestown and Quonochontaug Ponds between June 15
and September 15 annually.
6.8.5 Seine nets
Prohibited areas: In
addition to those waters where all netting is prohibited, seine nets
are prohibited within one half (½) mile in both directions of the
seaward entrance of a coastal salt pond channel for a distance of
three hundred (300) yards seaward, when the coastal salt pond is open
to the sea.
6.8.6 Fish traps
A. Permit required: No person
shall set a fish trap in the public waters of the state without first
obtaining a permit as provided in these regulations. (R.I. Gen. Laws
§ 20-5-1).
B. Eligibility: A permit may
be issued to any resident of this State or to any corporations
incorporated in the State licensed in accordance with R.I. Gen. Laws
Chapter 20-2.1 upon payment of a permit fee of twenty dollars
($20.00) per trap location (R.I. Gen. Laws § 20-5-2).
C. Application: Application
for a fish trap permit shall be made on forms as prescribed by the
Director.
D. Expiration and renewal of
permits:
1. Permits shall be provided
for a three (3) year period, or for that portion thereof expiring on
the last day of December of each third year thereafter.
2. On termination of any
permit, the Director may renew the permit by issuing a new permit in
place of the permit.
3. Eligibility: Application
for permit renewal shall be made within ten (10) days before its
termination. Failure to apply for a permit renewal shall allow for a
permit application in location as specified in the permit by any
other person (R.I. Gen. Laws § 20-5-9).
E. Exclusive right of
permittee; assignment of permit:
1. The holder of any permit,
or the holder's heirs, executors, administrators, successors, or
assigns shall have the exclusive right to fish the location by means
of a fish trap, provided that the site is and has been actively
fished.
2. Any holder of a permit may,
upon approval of the Director, transfer the permit to any suitable
person. This approval must be endorsed on the permit in order to
become effective (R.I. Gen. Laws § 20-5-10).
F. Report as to traps placed;
failure to occupy location; removal of permit from State: On or
before the tenth day of January in each year every person holding a
permit pursuant to this chapter shall notify the DEM in writing,
under oath, what traps were placed under the permit during the
preceding calendar year. Failure to furnish this information makes
the permit null and void after that date. Failure to place a
complete fish trap on a permitted location for a part of one calendar
year may, in the discretion of the Director, make the permit for the
fish trap null and void; and the location will then become available
for any suitable applicant. A permit for a fish trap location
becomes null and void upon the removal of the holder from the State
(R.I. Gen. Laws § 20-5-13).
G. Removal of trap on
cessation of use; closed season; damaged or dilapidated traps: Upon
ceasing to use any fish trap as authorized, that structure shall at
once be removed by the owner at the owner's expense and to the
satisfaction of the Director. Failure to remove it shall be
considered sufficient grounds for prosecution of the owner for
maintaining a public nuisance or for revocation of the fish trap
permit. Unless otherwise specified by regulations, all fish traps
authorized in this chapter shall be completely removed by or before
the last day of December of each year; and no fish trap shall be
reset before the first day of the following March. All submerged or
broken stakes must be promptly removed. Any fish trap damaged or
allowed to get into a dilapidated condition will be regarded as
abandoned unless promptly removed or rebuilt. Failure to do this
will subject the owner to prosecution and forfeiture of the trap
(R.I. Gen. Laws § 20-5-14).
H. Reporting requirements: On
or before the tenth day of January of each year, each licensee/fish
trap operator shall submit a written report to the DEM, indicating
those locations where the licensee shall be setting fish traps during
the upcoming fishing season. These locations shall be identified by
GPS, LORAN and/or latitude and longitude coordinates and shall also
include the dates upon which the licensee anticipates setting and
removing the traps. This notification shall not prohibit a fish trap
operator from subsequently, during the calendar year, setting
additional traps on licensed locations that were not anticipated and
for which notice was not therefore provided to the DEM. However, any
deviations from the report must be reported in writing and received
by the DEM Division of Marine Fisheries, 3 Fort Wetherill Road,
Jamestown, Rhode Island, 02835 prior to the setting of the trap.
Failure to provide this information makes the fish trap operator’s
license null and void. Based on the reports of fish trap locations,
the DEM shall develop a graphic chart displaying fish trap locations
annually by June 1 for distribution to the public.
I. By January 31 annually, the
DEM shall review all trap site permits and shall eliminate those
sites from the list of authorized sites for which a permit has not
been issued. The DEM shall provide written notice by registered mail
to all those licensees who had most recently been issued permit(s) to
set fish trap(s) in the locations of the sites to be eliminated.
Said notice shall advise the affected licensee that the licensee may
avoid the elimination of the trap location if written notice of such
a desire to avoid elimination is received by the Division of Marine
Fisheries, 3 Fort Wetherill Road, Jamestown, Rhode Island, 02835, on
or before thirty (30) days of the licensee’s receipt of the notice
of elimination.
J. Sub-leasing of Permitted
Fish Trap Locations: It is prohibited to sub-lease or allow any
other person to use a permitted fish trap location. Any violation of
this section shall make the permit for the fish trap null and void
R.I. Gen. Laws §§ 20-5-10(b), 20-5-13.
K. Hook-backs in Leaders:
Each leader shall be set as nearly as may be in a straight line, no
bend or angle, known commonly as a “hook-back,” shall be
permitted (R.I. Gen. Laws § 20-5-7).
L. Minimum distance between
traps: The Director may grant a license for the erection of a fish
trap within a lesser distance of 3,000 feet of an adjoining trap if
the parties interested agree in writing to such a lesser distance.
Such decisions shall be made with the advice of the Rhode Island
Marine Fisheries Council (R.I. Gen. Laws § 20-5-4).
M. Maximum length of trap
leader: No permit shall be granted for a fish trap in which the
length of the trap and leader is greater than two hundred eighty
(280) fathoms (R.I. Gen. Laws § 20-5-4).
N. Willful injury to traps:
No person shall willfully or maliciously cut, remove, displace,
tamper with, or in any way damage any trap, leader, or pound set by
virtue of the permit provided for in these regulations (R.I. Gen.
Laws § 20-5-18).
O. Navigational Aids to Fish
Traps and Appurtenances:
1. Licensees must comply with
the following requirements; failure to comply shall make license null
and void. All floating fish traps deployed within Rhode Island State
waters shall be marked with no less than 4 radar reflective buoys
(hi-flyers) each positioned no more than 100 feet from the trap or
its appurtenances in the following locations: one buoy shall be
located at the shoreward end of the leader, one buoy on the seaward
end of the leader adjacent to the head of the trap, and two buoys
shall be located on the seaward side of the head of the trap.
2. Floating fish traps located
at sites 13F, 26C, 25B, 398, 120-19, 122-19, 383-19, 75A, 68B, 69B,
400-23, and 475-30 shall be marked as specified by the United States
Coast Guard in its communication to the Department dated September
13, 2005. Specifically, site 13F shall be marked with a 5th class
buoy with a 4 second flashing light. Site 26C shall be marked with a
5th class buoy with a 6 second flashing light. Site 25B shall be
marked with a 5th class buoy with a 4 second flashing light at the
southern end of the trap and an unlit 5th class buoy at the northern
end. Sites 398 and 383-19 shall be marked with an unlit 5th class
buoy. Sites 75A, 69B, 475-30 and 68B shall be marked with an unlit
6th class buoy. Sites 122-19 and 400-23 shall be marked with a 5th
class buoy with a 2.5 second flashing light. Each of the
above-described buoys shall be positioned within 100’ of the head
of the floating fish trap and its appurtenances.
P. Restricted Locations: No
fish traps shall be erected within the waters of the State with the
exception of the following sites:
1. The following sites are
located south of Newport and Middletown within the area designated
for floating fish traps by the Army Corp of Engineers:
a. Sites 13B, 13C, 13D, 13E,
and 13F, located in a line extending southeasterly at approximately
135° beginning at Seal Rock (41° 26’39”N, 71° 20’49”W)
so-called, and ending at approximately 41° 25’1”N, 71° 18’0”W;
b. Sites 26A, 26B, 26C, and
26D located in a line extending southeasterly at approximately 135°
from Flat Rock (41° 27’03”N, 71° 18’24”W) so-called, and
ending at approximately 41 26’15”N, 71 17’0”W;
c. Sites 111 and 112 located
in a line extending southwesterly at approximately 225° from the
west side of Price’s Neck (41° 26’58”N, 71° 20’15”W),
so-called, for a distance not exceeding 1,500 feet;
d. Sites 133, 136 and 324
located in a line extending southeasterly at approximately 150° from
the east side of Price’s Neck (41° 27’0”N, 71° 20’5”W),
so-called, for a distance not exceeding 3,300 feet;
e. Sites 113A, 113B, 113C,
113D, 113E, and 113F located in a line extending southeasterly at
approximately 135° from Coggeshall’s Point (41° 27’4” N,
71°18’42” W) so-called, beginning just south of the inner area
designated by the Army Corp of Engineers at approximately 41°26’6”N,
71°16’56”W and ending near the eastern limits of the outer area
designated by the engineer’s office of the Department of the Army
at approximately 41° 24’50”N, 71°14’47”W;
f. Sites 25A, 25B and 25C
located in a line beginning approximately seven thousand four hundred
feet (7,400’) south-southeast (200°) of Cormorant Rock
(41°27’36”N, 71°14’51”W) so-called, at approximately 41°
26’ 29” N, 71° 15’ 29” W extending southeasterly (120°) and
ending at approximately 41° 25’ 56” N, 71° 14’ 21” W;
g. Sites 54A and 54B located
in line extending northwest at approximately 310° for three thousand
three hundred sixty feet (3,360’) beginning at the southerly limits
of the outer area designated by the engineer’s office of the Army
Corp of Engineers at approximately 41°24’48”N, 71°16’56”W,
5,000 feet east-southeast of the southeastern end of the line from
Seal Rock described in subdivision (a) and ending at approximately
41°25’10”N, 71°17’30”W;
h. Sites 37A and 37B located
in line extending northwest at approximately 310° for 3,360’
(1,680’ each) beginning at the southerly limits of the outer area
designated by the Army Corp of Engineers at approximately 41°24’36”N,
71°15’51”W, 5,000 feet east-southeast of the southeastern end of
the line from Seal Rock described in subdivision (g) and ending at
approximately 41°24’58”N, 71°16’26”W;
i. Sites 116 and 117 located
in a line extending southeast at approximately 125° for 3,000 feet
(1,500’ each) from Gull Rock (41°27’33”N, 71°18’1”W)
so-called, and ending at approximately 41°27’13” N, 71°17’29”
W;
j. Sites 501A and 501B located
in a line extending southeast at approximately 125° for 3,360 feet
(1,680’ each) beginning at approximately 41°27’8”N, 71°17’35”W
and ending at approximately 41°26’44”N, 71°16’54”W;
k. Site 287 beginning at the
high tide line 600 feet south of “forty steps” at approximately
41°28’26”N, 71° 17’49”W and extending east by south at
approximately 100° for 1,680 feet;
l. Site 23, designated for a
pound net, is located approximately 4,600’ south of Easton’s
Point so-called, at approximately 41°27’56”N, 71°16’31”W
and is of the dimensions 600’ by 600’;
m. Sites 383-19A and 383-19B
located in line beginning northeast of Sachuest Point at
approximately 41°28’30”N, 71°14’22”W, extending at
approximately 135° for 3,360 feet and ending at approximately
41°28’8”N, 71°13’49”W;
n. Site 512-19 begins
approximately 2,250 feet south of flint point (41°29’9”N,
71°14’16”W) so-called, on the east side of Sachuest Point, and
extends at approximately 135° for 1,680 feet ending at approximately
41°28’35”N, 71°13’58”W;
o. Site 364, beginning at
approximately 41° 27’ 27” N and 71° 21’ 35” W south of
Castle Hill Lighthouse near Perry’s Cove, extends approximately
400’ west at approximately 270°, ending at approximately 41° 27’
23” N and 71° 21’ 41”;
p. Sites 191 and 192 extend in
line off the southeast side of Easton’s Point (41°28’45”N,
71°16’30”W) in a southwesterly direction at approximately 145°
beginning at approximately 41° 28’ 49” N and 71° 21’ 41” W
and ending at approximately 41° 28’39” N and 71° 16’ 14” W.
2. The following sites are
located near Sakonnet Point within the area designated by the Army
Corp of Engineers:
a. Site 119-19 located
approximately one mile south of Church’s Point (41°29’59”N,
71°12’22”W) so-called, beginning at approximately 41°29’12”N,
71°11’45”W and extending 1,680 feet west by southwest at
approximately 250°;
b. Site 581-19 located
approximately one mile south of Church’s Point (41°29’59”N,
71°12’22”W), beginning at approximately 41°29’4”N,
71°12’14”W in line with and 900 feet from the outer end of site
119-19 and extending 1,680 feet west by southwest at approximately
250°;
c. Site 580-19 located
approximately 7,000 feet north of the breakwater (41°27’58”N,
71°11’43”W) beginning at approximately 41°29’2”N, 71°11’52”
W and extending 1,680 feet west by south at approximately 250°;
d. Site 293-19 located
approximately 6,000 feet north of the breakwater (41°27’58”N,
71°11’43”W) beginning at approximately 41°28’55”N,
71°11’26”W and extending 1,680 feet west by south at
approximately 250°;
e. Site 227-19 located
approximately 3,500 feet northeast of the breakwater (41°27’58”N,
71°11’43”W) beginning at approximately 41°28’31”N,
71°11’27”W and extending 1,680 feet west at approximately 270°;
f. Site 584-19 located
approximately 2,700 feet north of the breakwater (41°27’58”N,
71°11’43”W) beginning at approximately 41°28’24”N,
71°11’47”W and extending 1,680 feet west at approximately 270°;
g. Site 122-19 located
approximately 1,400 feet northeast of the breakwater (41°27’58”N,
71°11’43”W) beginning at approximately 41°28’14”N,
71°11’36”W and extending 1,680 feet west at approximately 255°;
h. Site 120-19 begins
approximately 300 feet north of the shore end of the Sakonnet
breakwater (41°27’53”N, 71°11’45”W) and extends 1,680 feet
west at approximately 270°;
i. Site 261-19 begins 2,000
feet south of breakwater point (41°27’53”N, 71°11’45”W) at
approximately 41°27’34”N, 71°11’41”W and extends 1,680 feet
west at approximately 270°;
j. Sites 398 and 118, located
west of Sakonnet Point, extend in a line west by south at
approximately 240° for 3,360 feet (1,680 feet each) beginning at the
Sakonnet Lighthouse rock (41°27’10”N, 71°12’10”W) and
ending at approximately 41°26’55”N, 71°12’49”W;
k. Site 58 begins at the
Sakonnet Lighthouse rock (41°27’10”N, 71°12’10”W) and
extends 1,680 feet south at approximately 180°;
l. Sites 79A and 79B, located
in line, extend west by south from West Island (41°27’0”N,
71°11’54”W) so-called, at approximately 250° for 3,360 feet to
approximately 41°26’36”N, 71°12’30”W;
m. Site 114A begins
approximately 3,200 feet south be west of West Island (41°27’0”N,
71°11’54”W) so-called, at approximately 41°29’48”N,
71°7’33”W and extends at approximately 170° for 1,680 feet;
n. Site 29 begins
approximately 8,400 feet southwest of West Island so-called, at
41°25’46.1”N, 71°12’41.7”W and extends due south (180° on
the compass rose) to 41°25’46.1”N, 71°12’41.7”W for a
distance of approximately 1,680 feet;
o. Sites 614A and 614B,
located in line, extend south beginning 2,000 feet east of Dolphin
Rock (41°27’13”N, 71°11’7”W), so-called, at a bearing of
approximately 180° for 3,360 feet;
p. Site FC-1, located north of
Coddington Cove, begins at approximately 41° 32’ 33”N, 71°
18’52”W and extends at approximately 60° towards shore ending at
approximately 41°32’40”N, 71°18’42”W;
q. Site FC-2, located off
Coddington Point, begins at approximately 41°32’27”N, 71°19’40”W
and extends at approximately 180° towards shore ending at
approximately 41°32’21”W, 71°19’39”N;
r. Site FC-3 begins
approximately 1,500 feet west of the State line at approximately
41°26’31”N, 71°12’9”W and extends south from South Shore
Beach, Little Compton at approximately 180° for 1,680 feet;
s. Site FC-4 begins
approximately 3,000 feet south of the southwest corner of Tunipus
Pond, Little Compton at approximately 41°25’39”N, 71°12’16”W
and extends 1,680 feet at approximately 110°;
t. Site 583-19 located
southwest of site 120-19 extends 1,680 feet east at approximately
90°;
u. Site 585-19 located
northwest of Sakonnet Point begins at approximately 41°28’33”N,
71°12’41”W and extends 1,680 feet east at approximately 90°;
v. Site 586-19.
3. The following sites are
located east of the shore in Narragansett north of Scarborough Beach
and south of Narragansett Pier within the area designated by the Army
Corp of Engineers for fish traps:
a. Sites 68A and 68B, located
in line, begin approximately 1,500 feet north of Indian Rock
(41°24’54”N, 71°27’8”W), so-called, and extend southeast by
east at approximately 120° for 3,360 feet;
b. Sites 69A and 69B, located
in line, begin approximately at Indian Rock (41°24’54”N,
71°27’8”W), so-called, and extend southeast by east at
approximately 115° for 3,360 feet;
c. Sites 70A and 70B, located
in line, begin approximately 2,000 feet south of Indian Rock
(41°24’54”N, 71°27’8”W), so-called, and extend southeast by
east at approximately 115° for 3,360 feet;
d. Sites 74A and 74B, located
in line, begin approximately 5,100 feet south of Indian Rock
(41°24’54”N, 71°27’8”W), so-called, and 600 feet from shore
and extend southeast by east at approximately 130° for 3,360 feet;
e. Sites 75A and 75B, located
in line, begin approximately 8,300 feet south of Indian Rock
(41°24’54”N, 71°27’8”W), so-called, and extend southeast by
south at approximately 145° for 3,360 feet.
4. The following sites are
located within the area of the Harbor of Refuge in Point Judith:
a. Site 22-29, located outside
of the Harbor of Refuge, begins approximately 1,200 feet northwest
from the outer end of the west breakwater at approximately 41°22’5”N,
71°31’5”W and extends at approximately 250° for 550 feet;
b. Site 400-23, located
outside the Harbor of Refuge, begins approximately 500 feet northwest
from the outer end of the west breakwater at approximately
41°21’38”N, 71°29’34”W and extends at approximately 250°;
c. Site 475-29, located within
the Harbor of Refuge, begins approximately at approximately
41°21’47”N, 71°29’34”W in front of Breakwater Village,
so-called, and extends southwest at approximately 225° for
approximately 900 feet;
d. Site 475-30, located within
the Harbor of Refuge, begins approximately 500 feet north from the
outer end of the east breakwater at approximately 41°22’5”N,
71°31’6”W and extends northwest at approximately 310° for
approximately 650 feet.