250 R.I. Code R. 250-RICR-90-00-3.18

Current through December 26, 2024

Section 250-RICR-90-00-3.18 - Coastal Sharks

3.18.1Recreational

A. Prohibited species. Taking or possessing any of the following shark species is prohibited: sandbar, silky, sand tiger, bigeye sand tiger, whale, basking, white, dusky, bignose, galapagos, night, reef, narrowtooth, caribbean sharpnose, smalltail, atlantic angel, longfin mako, bigeye thresher, sharpnose sevengill, bluntnose sixgill, and bigeye sixgill.

B. Shortfin mako: The taking or possession of shortfin mako sharks is prohibited.

C. Landings requirements: No person fishing recreationally shall possess or land sharks that do not have heads, tails, and fins attached naturally to the carcass. Sharks may be gutted and bled by making an incision at the base of the caudal peduncle provided the tail is not removed. No person fishing recreationally shall fillet a shark at sea or otherwise cut a shark into pieces at sea.

D. Minimum size:

1. Smooth dogfish, atlantic sharpnose, finetooth, blacknose, and bonnethead shark: No minimum size

2. Tiger, blacktip, spinner, bull, lemon, nurse, porbeagle, common thresher, oceanic whitetip, and blue shark: Minimum fork length is fifty-four inches (54").

3. Scalloped hammerhead, smooth hammerhead, and great hammerhead shark: Minimum fork length is seventy-eight inches (78").

E. Shore-based possession limit:

1. One (1) shark per person per day, with one (1) additional bonnethead and one (1) additional atlantic sharpnose shark per person per day, except for the following:

a. Whitetip sharks: Possession prohibited.

2. Smoothhound sharks: Unlimited.

F. Vessel-based possession limits:

1. One (1) shark per vessel per day, or per trip per day, whichever is less, regardless of the number of people on board the vessel, with one (1) additional bonnethead and one (1) additional atlantic sharpnose shark per vessel per day, or per trip per day, whichever is less, except for the following:

a. Whitetip sharks: Possession prohibited.

2. Smoothhound sharks: Unlimited.

3. Sharks that are transported by vessel are considered "boat assisted" and "vessel-based" regardless of how or where they were caught.

G. Authorized gear: No person fishing recreationally shall take sharks by any method other than rod and reel or handline. Handlines are defined as a mainline to which no more than two (2) gangions or hooks are attached; retrieved by hand, not by mechanical means; and attached to, or in contact with, a vessel.

1. Any vessel using rod and reel, must adhere to the following:

a. Use corrodible circle hooks, except when fishing with flies or artificial lures; and

b. Maximize gear removal, as safely as possible, when releasing sharks.

3.18.2Commercial

A. Commercial species groups: Coastal sharks are grouped into commercial species groups as follows:

1. Prohibited: sand tiger, bigeye sandtiger, whale, basking, white, dusky, bignose, galapagos, night, reef, narrowtooth, caribbean sharpnose, smalltail, atlantic angel, longfin mako, bigeye thresher, sharpnose sevengill, bluntnose sixgill, blacknose, and bigeye sixgill shark.

2. Research: Sandbar shark.

3. Smoothhound: Smooth dogfish and florida smoothhound shark.

4. Non-Blacknose Small Coastal: Atlantic sharpnose, finetooth, and bonnethead shark.

5. Blacknose: Blacknose shark.

6. Aggregated Large Coastal: Silky, tiger, blacktip, spinner, bull, lemon, and nurse shark.

7. Hammerhead: Scalloped hammerhead, great hammerhead, and smooth hammerhead shark.

8. Pelagic: Shortfin mako, porbeagle, common thresher, oceanic whitetip, and blue shark.

B. Prohibited species: Taking or possessing any of the species of sharks in the Prohibited and Research species groups is prohibited.

C. Shortfin mako: The taking or possession of shortfin mako sharks is prohibited.

D. Fishing year: January 1 through December 31.

E. Quota specification:

1. Smoothhound sharks: A total annual statewide quota will be established for the State by the ASMFC and/or NOAA Fisheries.

2. Species groups other than smoothhound sharks will be established annually by the ASMFC and/or NOAA Fisheries.

F. Season: Seasonal periods for commercial shark fisheries may be established annually either through NOAA Fisheries, ASMFC, or DEM.

G. Possession limit:

1. Smoothhound and non-blacknose small coastal shark species groups: Unlimited.

2. Pelagic species group: Unlimited, except for Whitetip sharks. Possession of whitetip sharks is prohibited.

3. Aggregated large coastal and hammerhead species groups: Twenty-five (25) sharks per person and per vessel per day, adjusting to between fifty-five (55) and zero (0) sharks per vessel per day during the fishing year as determined by NOAA Fisheries.

4. It shall be unlawful for any person to possess any species of shark in State waters when NOAA Fisheries prohibits the possession of that species in Federal waters.

H. Display and research of sharks: No person shall possess, transport, sell or offer to sell any of the shark species listed in the Prohibited and Research Species groups without a valid State collector's permit obtained from the Director. Any person so authorized shall:

1. Report to the Director within thirty (30) days of possession the species identification, length, weight, date, and location where caught by latitude and longitude coordinates, and the gear used; and

2. For each shark taken for live display, the holder of the permit shall also report to the Director annually by December 31 for the life of the shark. The report shall include all of the information specified in the original report to the Director pertaining to the sharks, as well as updated information on the length and weight of the shark.

I. Authorized sale: No person shall sell any shark species to a person or dealer who does not possess a Rhode Island Commercial Dealer License, and a Federal Commercial Shark Dealer Permit issued by the NOAA Fisheries.

J. Authorized commercial gear: No person shall take or possess sharks using any method other than the following gear types:

1. Rod and Reel. Any vessel using Rod and Reel, must adhere to the following:

a. Use corrodible circle hooks; and

b. Maximize gear removal, as safely as possible, when releasing sharks.

2. Handlines, which are defined as a mainline to which no more than two (2) gangions or hooks are attached. A handline is retrieved by hand, not by mechanical means, and must be attached to, or in contact with, a vessel.

3. Small mesh gillnets which are defined as having a stretch mesh size smaller than five inches (5").

4. Large mesh gillnets which are defined as having a stretch mesh size equal to or greater than five inches (5"). Any vessel using large-mesh gillnets, must use nets that are shorter than two and one half (2 1/2) kilometers.

5. Trawl nets.

6. Shortlines which are defined as fishing lines containing fifty (50) or fewer hooks and measuring less than five hundred (500) yards in length. A maximum of two (2) shortlines shall be allowed per vessel. Any vessel using a shortline shall adhere to the following:

a. Use corrodible circle hooks; and

b. Practice the protocols, and possess the Federally-required release equipment, for pelagic and bottom longlines for the safe handling, release, and disentanglement of sea turtles and other non-target species; and

c. All captains and vessel owners must be certified in using, handling and release equipment. Captains and vessel owners can become certified by attending a Protected Species Safe Handling, Release, and Identification Workshop offered by NOAA Fisheries.

7. Pound nets/fish traps.

8. Weirs.

K. Prohibition of finning: Finning is defined as the act of taking a shark and removing its fins. Finning of sharks is prohibited in all State waters. All sharks, with the exception of smoothhound, possessed by commercial fishermen within State boundaries must have the tails and fins attached naturally to the carcass until landed. Fins may be cut as long as they remain attached to the carcass, by natural means, with at least a small portion of uncut skin. Sharks may be gutted and bled provided the tail is not removed. Sharks taken and possessed by commercial fishermen may have the heads removed, but no commercial fisherman shall fillet a shark at sea or otherwise cut a shark into pieces at sea.

1. Commercial fishermen may eviscerate and remove the head and all shark fins of smooth dogfish while at sea provided smooth dogfish make up at least twenty-five percent (25%), by weight, of total catch on board at the time of landing. Trips that do not meet the twenty-five percent (25%) catch composition requirement can land smooth dogfish, but the fins must remain naturally attached to the carcass. If fins are removed, the total wet weight of the shark fins may not exceed twelve percent (12%) of the total dressed weight of smoothhound carcasses landed or found on board a vessel. Commercial fishermen may retain other sharks on board provided the fins of other shark species remain naturally attached to the carcass through offloading.

250 R.I. Code R. 250-RICR-90-00-3.18

Amended effective 2/28/2019
Amended effective 5/2/2019
Amended effective 6/14/2019
Amended effective 1/1/2020
Amended effective 4/2/2020
Amended effective 7/7/2020
Amended effective 8/20/2020
Amended effective 10/10/2020
Amended effective 1/5/2021
Amended effective 3/30/2021
Amended effective 6/18/2021
Amended effective 1/1/2022
Amended effective 5/1/2022
Amended effective 8/18/2022
Amended effective 1/1/2023
Amended effective 4/30/2023
Amended effective 5/22/2023
Amended effective 9/14/2023
Amended effective 1/8/2024
Amended effective 4/28/2024
Amended effective 7/20/2024