250 R.I. Code R. 250-RICR-90-00-3.8

Current through December 26, 2024

Section 250-RICR-90-00-3.8 - Striped Bass

3.8.1Recreational

A. Minimum size: Twenty-eight inches (28").

B. Maximum size: Less than thirty-one inches (< 31").

C. Season: January 1 through December 31.

D. Possession limit: One (1) fish per person per day.

E. Gear restrictions:

1. The use of circle hooks is required by any person while fishing recreationally with bait for striped bass.

a. Bait is defined as any marine or aquatic organism live or dead, whole or parts thereof.

b. The circle hook requirement shall not apply to any artificial lure with bait attached.

2. Striped bass caught on any unapproved method of take must be returned to the water immediately without unnecessary injury.

3. It shall be unlawful for any person to gaff or attempt to gaff any striped bass at any time when fishing recreationally. Use of a spear or bolt while diving (SCUBA, Snorkeling or free) shall not be considered gaffing.

a. A gaff is defined as an implement used after a fish has been caught by other means, to puncture, hook or penetrate the fish during the process of retrieval or release of said fish. For the purpose of this definition, a spear or bolt commonly used in spearfishing will not be considered a gaff.

F. Recreational filleting:

1. General:

a. Racks must be retained and must be kept whole, meaning the head, tail, and body remain intact.

b. No striped bass shall be mutilated in a manner that prevents the accurate measurement of the fish.

c. No more than two fillets taken from legal striped bass representing the equivalent of one fish per angler.

d. No possession of racks or fillets while actively fishing with lines in the water.

2. Private recreational vessels: Racks must be retained until the vessel is secured to a dock or removed from the water and all of the fillets have been offloaded from the vessel.

3. Party/Charter vessels: Racks must be retained until the vessel is secured to a dock or removed from the water, all paying passengers have disembarked the vessel, and all fillets have been offloaded from the vessel.

4. Shore-based anglers: No filleting of striped bass will be permitted while still actively fishing with fishing lines in the water.

3.8.2Commercial

A. General category:

1. Minimum size: Thirty-four inches (34") or greater.

2. Allocation: Sixty-one percent (61%) of the annual Rhode Island commercial quota.

3. Season and possession limit:

a. January 1 through June 10: Closed.

b. June 11 through June 20:

(1) Allocation: Fifty percent (50%) of the general category quota, or a maximum of six (6) days of harvest, whichever comes first.

(2) Possession limit: Five (5) fish per person per day, or if fishing from a vessel, five (5) fish per vessel per day.

(3) The fishery will be closed in each calendar week on Thursday, Friday, Saturday and Sunday during this subperiod. There will be no commercial possession or sale of striped bass on these days for general category commercial fishermen.

c. June 21 through July 8: Closed.

d. July 9 through December 31:

(1) Allocation: Fifty percent (50%) of the general category quota.

(2) Possession limit: Five (5) fish per person per day, or if fishing from a vessel, five (5) fish per vessel per day.

(3) The fishery will be closed in each calendar week on Thursday, Friday, Saturday and Sunday during this subperiod. There will be no commercial possession or sale of striped bass on these days for general category commercial fishermen.

4. On September 1, a minimum of 50% of the remaining FFT allocation may be transferred to the General Category (GC) and, if such transfer occurs, the GC fishery shall be opened until that allocation is estimated to be harvested.

5. Floating fish trap allocation that has been transferred to the general category fishery may be transferred back to the floating fish trap fishery. Any allocation transferred back to the floating fish trap fishery shall not exceed the amount of the original transfer.

B. Floating fish traps:

1. Floating fish trap operators must be permitted pursuant to the General Equipment Provisions, Part 6 of this Subchapter.

2. Allocation: During a single calendar year, the floating fish trap quota shall not be more than thirty-nine percent (39%) of the annual Rhode Island commercial quota.

3. Minimum size: Twenty-six inches (26").

4. Season: April 1 through December 31.

5. Possession limit: Unlimited. Once eighty percent (80%) of the seasonal allocation is projected to be harvested, the possession limit shall be five hundred (500) pounds per floating fish trap licensee per day.

6. Reporting: All floating fish trap operators shall keep daily records of striped bass landings and report landings to SAFIS no more than twenty four (24) hours after landing.

7. If the floating fish trap operators are found to be out of compliance with the reporting requirements, the operators will be notified, and default to following program:

a. April 1 through December 31: One hundred percent (100%) of the floating fish trap quota shall be available during this sub-period. Once seventy percent (70%) of the seasonal allocation is projected to be harvested, the possession limit shall be five hundred (500) pounds per floating fish trap licensee per day.

C. Gill net prohibition for striped bass: No person shall take or possess any striped bass while gillnetting, or while hauling a gillnet.

D. Hybrid or cultured striped bass:

1. Aquaculture-reared striped bass or hybrid striped bass brought into Rhode Island for sale or resale, which is wholly or partially processed, except for cultured striped bass or hybrid striped bass from a fish farm or processor which are a fully processed and packaged product whether fresh or frozen, shall have affixed to it a tag identifying it as an aquaculture product.

2. Packages, containers, and each fish or fish product containing aquaculture products shall be tagged or labeled with a uniform series of fourteen (14) digit numbers and letters as shown in the example below:

MD	= State of origin
123	= Permit number (producing state issued permit number)
0889	= Month and year of shipment
A1234	= Species ID and number of product

3. Each fish or fish product shall have affixed to it a tag bearing the same information listed in § 3.11.2(D)(2) of this Part.

4. The sale of this product shall be accompanied by a receipt showing:

a. The date of sale;

b. Name, address, and permit number of the aquaculture facility;

c. Numbers and species of striped bass sold;

d. Name of purchaser.

5. Fish shipped in the round and filleted by the seller, shall have the tag removed and wrapped in with the fillets when sold.

6. The consignee of each subsequent sale shall retain a copy of the bill of lading or similar accountable document for one (1) year, and make it available to the Department upon request.

E. Commercial striped bass tags: Each individual striped bass shall be immediately tagged at the point of sale with a striped bass dealer tag available from DEM. No striped bass may be sold unless it has been properly identified with such tag. DEM may designate tagging agents as appropriate. All designated tagging agents shall keep and maintain the required forms and reports specified by DEM. All tag reports and unused tags must be returned to DEM by January 1 of the following year. Failure to return reports and unused tags may result in the tagging agent becoming ineligible to receive striped bass tags in the future.

250 R.I. Code R. 250-RICR-90-00-3.8

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