100 foot buffer for shore anglers from fish traps.

[KLMulder]

I just got this in my email from the folk's at the Salt water edge. I felt this should be passed along to all of you so you knew what was going on and if so moved could go and fight it.

Thanks KL

SWE Anglers,

Please support the efforts of RISAA's Public Access Committee by showing up at the "public hearing" on October 4, 6:00 p.m., Corless Auditorium, URI Bay Campus, to oppose the 100 foot buffer for shore anglers from fish traps. This buffer is a direct contradiction of our Constitutional right to fish the shoreline below mean high tide. The setback is also a contradiction to our rights of public access.



DRAFT REGULATIONS FOR FLOATING FISH TRAPS 7/23/04

14.1 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 Department of Environmental Management, indicating those locations where the licensee shall be setting fish traps during the upcoming fishing season. These locations shall be identified by LORAN 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 Department of Environmental Management, Division of Fish and Wildlife, 4808 Tower Hill Road, Wakefield, Rhode Island prior to the setting of the trap. Failure to provide this information makes the fish trap operators 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.

By 31 January of each year, the DEM shall review all trap site permits, and those sites authorized pursuant to Rule 14.7 for which licenses have not currently been issued shall be eliminated from the list of authorized sites for which licenses may be issued. The DEM shall provide notice in writing 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 Department of Environmental Management, Division of Fish and Wildlife, 4808 Tower Hill Road, Wakefield, Rhode Island on or before thirty (30) days of the licensee's receipt of the notice of elimination.

14.2 Inspection of Traps: Fish trap inspections, as required by RIGL 20-5-11, shall be conducted at least once in the spring and fall of each calendar year. The results of fish trap inspections shall be reported to the RI Marine Fisheries Council the month following each inspection.

14.3 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.

14.4 Distance Between Traps: As specified in RIGL 20-5-4, the Director may grant a license for the erection of a fish trap within a lesser distance of three thousand 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

14.5 Navigational Aids to Fish Traps and Appurtenances: Upon receipt of the January 10th report concerning the locations where and the time periods when fish traps shall be set, the DEM shall forward all information regarding the reported traps to the United States Coast Guard (USCG) for a determination on the types of navigational aids required. Licensees must comply with USCG requirements, failure to comply shall make license null and void If no changes in trap locations are made in years subsequent to USCG review for any licensee, information contained in the January 10th report will not be forwarded to the USCG and the licensee must adhere to the most recent USCG determination.

14.6 Safety Zone: There shall be a 100-foot safety zone around each fish trap, including the trap leader, within which it shall be illegal for any fishing from a boat or the shore to take place or for a diver or swimmer to enter.

14.7 Restricted Locations: No fish traps shall be erected within the waters of the State with the exception of the following sites (map shows approximate locations and orientation of traps):

(1) The following sites are located south of Newport and Middletown within the area designated for floating fish traps by the engineer's office of the Department of the Army.

Sites 13A, 13B, 13C, 13D, 13E, 13F, 13G, and 13H 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.

Sites 26A, 26B, 26C, and 26D located in a line extending southeasterly at approximately 135° from Flat Rock (41 N, 71 W) so-called, and ending at approximately 41 26'17"N, 71 17'3"W.

Site 111 located in a line extending southwesterly at approximately 248° from the west side of Price's Neck (41 N 71 W) so-called, and ending at approximately 41 26'43"N, 71 20'40"W.

Site 112 located on the west side of Price's Neck beginning at the head of site 111 and extending south at approximately 180° for 900 feet.

Sites 133, 126 and 324 located in a line extending southeasterly at approximately 157° from the east side of Price's Neck (41 N, 71 W) so-called, and ending at approximately 41 26'35"N, 71 19'44"W.

Sites 113A, 113B, 113C, 113D, 113E, and 113F located in a line extending southeasterly at approximately 135° from Coggeshall's Point (41 N 71 W) so-called, beginning at approximately 41 N 71 W just south of the inner area designated by the engineer's office of the Department of the Army and ending at approximately 41 24'55" N, 71 14'53"W near the eastern limits of the outer area designated by the engineer's office of the Department of the Army.

Sites 25A and 25B located in a line 5,300 feet south of Cormorant Rock (41 N 71 W) so-called, extending southeasterly at approximately 157° beginning at approximately 41 N 71 W and ending at approximately 41 N 71 W

Site 25C located 9,500 feet south of Cormorant Rock (41 N 71 W) so-called, extending southeasterly at approximately 157° beginning at approximately 41 N 71 W.

Sites 54A and 54B located in line extending northwest at approximately 315° beginning at approximately 41 N 71 W and ending at approximately 41 N 71 W near the outer limits of the outer area designated by the engineer's office of the Department of the Army.

Sites 37A and 37B located in line extending northwest at approximately 315° beginning at approximately 41 N 71 W and ending at approximately 41 N 71 W near the outer limits of the outer area designated by the engineer's office of the Department of the Army.

Sites 116 and 117 located in a line extending southeast at approximately 135° for 3,000 feet (1,500' each) from Gull Rock (41 N 71 W) so-called, beginning at approximately 41 N 71 W and ending at approximately 41 N 71 W.

Sites 501A and 501B located in a line extending southeast at approximately 135° for 3,360 feet (1,680' each) beginning at the ring bolt on High Rock (41 N 71 W) so-called, and ending at approximately 41 N 71 W.

Site 287 beginning at the high tide line 600 feet south of "forty steps" at approximately 41 N 71 W and extending east by south at approximately 100° for 1,680 feet.

Site 23, designated for a pound net, is located approximately 4,600' south of Easton's Point (41 N 71 W) so-called, at approximately 41 N 71 W and is of the dimensions 600' by 600'.

Site 383-19 and 383-19B located in line beginning approximately 800 feet northeast of Sachuest Point at approximately 41 N 71 W and extending at approximately 135° for 3,360 feet.

Site 512-19 beginning approximately 2,250 feet south of flint point (41 N 71 W) so-called, on the east side of Sachuest Point and extending at approximately 135° for 1,680 feet.

( 2) The following sites are located near Sakonnet Point within the area designated by the Department of the Army:

Sites 581-19, 119-19, 580-19, 293-19, 227-19, 584-14, 122-19, 120-19, and 261-19 located along the western shore of Little Compton north of Sakonnet Point bounded north at 41 N and bounded south at 41 N.

Sites 398 and 118 in a line extending southwest of Sakonnet Point beginning at approximately 41 N 71 W and ending at approximately 41 N 71 W.

Site 58 at a bearing of xx degrees between 41 N 71 W and 41 N 71 W.

Sites 79A and 79B in a line extending southwest from West Island (41 N 71 W) so-called, to approximately 41 N 71 W.

Site 114A at a bearing of xx degrees located at approximately 41 N 71 W and site 29 at a bearing of xx degrees located at approximately 41 N 71 W.

Sites 614A and 614B in a line extending southeast at a bearing of xx degrees from 41 N 71 W to 41 N 71 W.

(4) The following sites are located off the shoreline of Narragansett:

Sites 68A, 68B, 69A, 69B, 70A, 70B, 74A, 74B, 75A, and 75B 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. All sites run perpendicular to the shoreline.

(5) The following sites are located within the area of the Harbor of Refuge Point Judith:

Site 22-29 is located outside the west wall of the Harbor of Refuge at approximately 41 N 71 W and extends at 270degrees to the wall.

Site 400-23 is located outside the west wall of the Harbor of Refuge at approximately 41 N 71 W and extends at 270degrees to the wall.

Site 475-29 is located within the harbor refuge at approximately 41 N 71 W in front of Breakwater Village so-called and extending perpendicular to shore at a bearing of xxx degrees

Site 475-30 is located inside the east breakwater of the harbor of refuge at approximately 41 N 71 W and extending to the breakwater at a bearing of approximately xxx degrees.