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.

[Nebe]

Yes, please stand back so you do not witness the poaching.. remember last years overharvest??

[castn4bass]

[MikeTLive]

what is a fishtrap?

how does this really impact or not impact us or trappers?

[Nebe]

a fish trap is a long net about 600 feet long that corrals migrating fish into a large holding pen called a purse. The trap tending boats go out every day or 2 and scoop out the fish with big booms, throwing back what isnt in season, is too small, or is unsellable. the problem has been that trap co's are givin a year long quoata and some have been caught selling all the bass they catch, thus ignoring thier quota. This is only what ive heard here... if I'm off base, someone please correct me.

The 100 foot buffer is a slap in the face to the shore and boat fisherman because it is saying that you are not allowed to catch any fish near this trap. It has been RI law since the dawn of time that no fisherman shall be banned from fishing anywhere below mean highwater..(with the exclusion of government property and power plants.) If this passes, it will could set the precident for the trap companies in future years to say that fishermen can not fish 200 feet, then 1000 yards, and so on...

[KLMulder]

I will have to agree with Eben on this one. Also I think it will open up the posibility of land owners doing the same thing.

[cheferson]

Thats a crock of #^&#^&#^&#^&e!! Pretty soon ya wont be able to fish within 100ft of lobster traps for the fishermens safety.

[Crafty Angler]

Personally, I think there should be a good showing of concerned anglers showing up for this one.....

With torches, pitchforks and a good length of rope if it passes

Do you realize how many prime aread are involved here?

[piemma]

As Al Sharpton would say: "This is an outrage". I'm with Eben. Draw a line in the sand and stop this outright persecution of the shore angler

[MikeTLive]

bets on how many RI people from this board show up?

[JohnR]

Originally posted by MikeTLive
bets on how many RI people from this board show up?

Tough call but but hardly any from mass show at Mass efforts...


Guys - I can't state strongly enough how much this might screw us. Unfortunately, I'll be on MV that day and will be unable to attend.

How many from here can make that meeting?

[Crafty Angler]

[MikeTLive]

Originally posted by %$%$%$%$R
Tough call but but hardly any from mass show at Mass efforts...

Indeed.
This wasn't meant as a slam against RI folks.
We are equally guilty of seeming apathetic.


As a group, we need to improve our visibility and activity.
We can bitch and moan here and on scuppers to our hearts content. However, when push comes to shove it is usually the same group of folks that get out there and get heard.
<I doff my hat to folks like BasicPatrick who have dove in head first!!>

I have been active in in MSBA for 1-1/2 yrs.
Round about the same time I found this board.
The biggest reason I joined was because I was tired of not catching fish.

Since then, I have started to get to know some of you and what plights there really are out there for both the comm and rec fishermen.

What can those of us with overly full lives do to improve the fisheries?

[Nebe]

I'm all wound up with baby duty, otherwise I would go, but maybe if a plugswap and day of fishing was organized on the same day it would be an insentive for everyone to make the effort.

[MakoMike]

Oct. 4th is a Monday. I'm planning on being there.

[KLMulder]

I would love to go, but I work untill 8PM on monday's.

[piemma]

I would really like to go but have a 6:00 AM flight to Phoenix on 10/5. I will have to be up by 3 to make my flight.

[In The Surf]

I would go but I also work till 8 pm, we need to get a petision going to represent all who can't attend.

[reelecstasy]

I 2nd the petition.......

[piemma]

I like the petition idea. We can get all the guys from my club to sign it. If one guy shows up with a couple hundred signatures, it would help.

[RIROCKHOUND]

I should be able to attend...
B

[zacs]

I can't go. Will be on a plane. I will sign something, though.
_ZAC_

[Rob Rockcrawler]

I didnt totally understand the boundaries of the no fish zones. Would this legislation outlaw fishing in such places as hazard ave etc...? RI is such a great place with all the access, this is just a backdoor way at screwing the recs.

[Nebe]

Rob, in theory no you couls still fish hazard aave, but you'd have to be 100 feet on either side of the traps.

I have a feeling this 100 foot rule is more about boat fishing for the trap co's.. If they get this passed, it will give the fish trap companies more legal power to go after boats that foul thier gear and seek greater compensation.

[iluvspots]

pitchforks and ropes? oh my, isn't much easier to swim to the submerged nets and cut them to shreds? sure is a hell of a lot more fun.

[Bliz]

I will try to be there...

Going Ken?..

[bart]

i'll go. not sure if they will take a 21 year old kid seriously, but more people the better right.

[Rob Rockcrawler]

thanks for the clarification eben.

[KLMulder]

Originally posted by Bliz
I will try to be there...

Going Ken?..

I have to work till 8PM, I don't think it would work out, probably be over by the time I can get there.

[DZ]

Here is the proposed reg and comments by the fish trap advisory committee:

Advisory Panel Minutes 2-5-04
There was discussion on adding language to implement a safety zone around traps within which it would be illegal for a boat, diver, swimmer, etc. to enter. The panel agreed on a distance of 100 feet. F. Ethier stated that there are no laws to penalize someone for going into a trap and also that enforcement will have to design a buoy that could be used to mark the safety zone perimeter.

Proposed regulation
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 diver or swimmer to enter.

The big mistake was including the words "or the shore". I've emailed one of the recreational advisory fish trap committee members and told him this proposal is unsatisfactory as far as surf fishermen are concerned. I still can't believe it got through the committee with RISAA members on it. They must have been asleep.