250 R.I. Code R. 250-RICR-90-00-4.7

Current through December 26, 2024

Section 250-RICR-90-00-4.7 - Bay Quahog

4.7.1Minimum size

A. One inch (1") shell thickness (hinge width).

4.7.2Season

A. Waters other than Shellfish Management Areas: Open daily.

B. Greenwich Bay Shellfish Management Area sub-areas 1 and 2:

1. Recreational and commercial shoredigging: Open daily.

2. Other than shoredigging (recreational or commercial):

a. December 2024: Open only from 8:00 A.M. until 12:00 P.M. on December 11, 13, 16, 17, 18, 19, 20, 23, 24, 26, 27, and 30.

b. If the season is expired or unspecified, the following default season shall be in effect: Open only from 8:00 A.M. until 12:00 P.M. on Mondays, Wednesdays, and Fridays, beginning on the second (2nd) Wednesday of December through the end of April, excluding December 25 and January 1.

c. Recommendation for a change to the season must be submitted to the Director at least sixty (60) days prior to the first proposed opening date. The schedule for the month of December may include up to forty-eight (48) hours of permitted shellfishing, spread over any number of days, excluding December 25.

C. Greenwich Bay Shellfish Management Area sub-area 3: Open daily.

D. Conimicut Point Shellfish Management Area: Open daily.

E. Potowomut Shellfish Management Area sub-area 1: Open daily.

F. Potowomut Shellfish Management Area sub-area 2: Closed.

G. Potowomut Shellfish Management Area sub-area 3: Open daily.

H. High Banks Shellfish Management Area: Open daily.

I. Bissel Cove/Fox Island Shellfish Management Area:

1. Recreational and commercial shoredigging: Open daily.

2. Other than shoredigging (recreational or commercial):

a. If the season is expired or unspecified, the following default season shall be in effect: Open 8:00 A.M. to 12:00 P.M. on Mondays, Wednesdays, and Fridays, beginning on the second (2nd) Wednesday of December through the end of April, excluding December 25 and January 1.

b. Recommendation for a change to the default season must be submitted to the Director at least sixty (60) days prior to the first (1st) proposed opening date.

J. Mill Gut Shellfish Management Area: Open daily from the second (2nd) Wednesday in December through April 30 annually.

K. Bristol Harbor Shellfish Management Area:

1. Recreational and commercial shoredigging: Open daily.

2. Other than shoredigging (recreational or commercial):

a. If the season is expired or unspecified, the following default season shall be in effect:

(1) January 2 through January 31: Open only from 8:00 A.M. until 12:00 P.M. on Mondays, Wednesdays, and Fridays

(2) February 1 through April 30: Open daily.

(3) May 1 through January 1: Closed.

(4) Recommendation for a change to the default season must be submitted to the Director at least sixty (60) days prior to the first (1st) proposed opening date.

L. Kickemuit River Shellfish Management Area: Open daily.

M. Jenny Creek Shellfish Management Area: Closed.

N. Sakonnet River Shellfish Management Area: Open daily.

O. Point Judith Pond Shellfish Management Area: Open daily.

P. Potter Pond: Open daily, except for the following:

a. Potter Pond sub-area 1: Closed.

Q. Ninigret (Charlestown) Pond Shellfish Management Area: Open daily, except for the following:

1. Ninigret Pond sub-area 1: Closed.

2. Ninigret Pond-Foster Cove sub-area 1: Closed until January 1, 2025.

3. Ninigret Pond-Foster Cove sub-area 2: Closed until January 1, 2025.

R. Quonochontaug Pond Shellfish Management Area: Open daily, except for the following:

a. Quonochontaug Pond sub-area 1: Closed.

b. Quonochontaug Pond sub-area 2: Closed.

S. Winnapaug Pond Shellfish Management Area: Open daily, except for the following:

1. Winnapaug Pond sub-area 1: Closed.

T. Green Hill Pond Shellfish Management Area: Closed.

U. Narrow River Shellfish Management Area: Closed.

V. Little Narragansett Bay and Pawcatuck River Shellfish Management Area: Closed.

W. Providence and Seekonk Rivers Shellfish Management Area

1. Recreational shoredigging: Open daily.

2. Recreational other than shoredigging: Closed.

3. Commercial 2024 harvest schedule: Open only from 8:00 A.M. until 11:00 A.M. on the following dates:

a. May 6, 13, 20, 22, and 28.

b. June 3, 10, 17, 19, 24, 26, and 28.

c. July 1, 2, 8, 10, 15, 17, 22, 24, 29, and 31.

d. August 5, 7, 12, 14, 19, 21, 26, 28, and 30.

e. September 3, 9, 16, 23, and 30.

f. October 7, 14, 21, and 28.

g. Fishery closure: The area will close once twenty-one (21) days have been open to harvest for the months from May through October.

h. December 16 through December 20, 2024: Open only on the first two (2) non-consecutive weekdays that are not closed due to water quality impairment.

i. December 23 through December 27, 2024: Open one (1) weekday on the first available weekday that is not closed due to water quality impairment, not including December 24 and 25 which shall be closed.

4. Commercial 2025 harvest schedule: Open only from 8:00 A.M. until 10:00 A.M. on the following dates:

a. February 10 and 24.

b. March 10 and 24.

c. April 7 and 21.

5. On days closed in this area, the taking or possession of bay quahog is prohibited, and all gear used in the taking of bay quahog shall be stowed.

6. On days open as specified herein, all gear used in the taking of bay quahog shall be stowed except during the scheduled opening.

7. On days open as specified herein, possession of bay quahog is prohibited forty-five (45) minutes after a scheduled closure.

8. A vessel in possession of bay quahog harvested in an open area of State waters may transit a closed portion of State waters in possession of that species, provided the operator of the vessel has a valid fishing license, and all gear capable of harvesting shellfish is stowed.

X. Warren River Shellfish Management Area: Closed.

Y. Town Pond Shellfish Management Area: Closed.

Z. Jacobs Point Shellfish Management Area: Open daily.

4.7.3Possession Limit

A. Waters other than Shellfish Management Areas

1. Recreational - Rhode Island resident: One half (1/2) bushel per person per day.

2. Recreational - licensed non-resident: One (1) peck per person per day.

3. Commercial

a. Multi-purpose and Standard license holders: Twelve (12) bushels per person per day.

b. Student Shellfish license and Sixty-five (65) and Over Shellfish license holders: Three (3) bushels per person per day.

B. Shellfish Management Areas

1. Recreational - Rhode Island resident: One (1) peck per person per day.

2. Recreational - Licensed non-resident: One half (1/2) peck per person per day.

3. Commercial: Three (3) bushels per person per day, except for the following:

a. Greenwich Bay Shellfish Management Area sub areas 1 and 2 commercial shoredigging:

(1) On days open to harvest as specified in § 4.7.2(B)(2)(a) of this Part: Three (3) bushels per person per day

(2) On days closed to harvest as specified in § 4.7.2(B)(2)(a) of this Part: One (1) peck per person per day.

b. Sakonnet River Shellfish Management Area: When harvesting surf clams, an incidental possession limit of one (1) bushel of bay quahogs for each ten (10) bushels of surf clams harvested is allowed, not to exceed twelve (12) bushels per person per day.

c. Providence/Seekonk Rivers Shellfish Management Area:

(1) Multipurpose and Standard license holders: Six (6) bushels per person per day.

d. A maximum of two (2) commercial possession limits per vessel per day is authorized in Shellfish Management Areas when two (2) licensed persons are on board the vessel.

4.7.4Bay quahog diving basket construction

A. No commercially licensed diver shall take or attempt to take bay quahogs from the waters of the State of Rhode Island with a diver's bay quahog harvesting basket, bag, or combination of basket and bag, or similar device not meeting the following dimensions:

1. Bar spacing: Not less than one inch (1") by two and one half inches (2 1/2"). A tolerance of one sixteenth inch (1/16") is allowed.

2. Bag mesh on the bay quahog harvesting basket: Not less than two inches (2") when measured on the stretch (from inside of knot to inside of the knot). A tolerance of one eighth inch (1/8") for variance in the twine is allowed. The bag shall be hung on the square so that when held by the mouth, the twine forms fully opened squares.

4.7.5Method of harvest

A. No person shall dig and/or take any bay quahogs from the waters of this State by dredge(s), rakes, or other apparatus operated by mechanical power or hauled by power boats, unless otherwise provided for in these Regulations.

250 R.I. Code R. 250-RICR-90-00-4.7

Amended effective 12/27/2018
Amended effective 11/13/2019
Amended effective 1/23/2020
Amended effective 7/6/2020
Amended effective 12/7/2020
Amended effective 5/25/2021
Amended Effective 11/9/2021
Amended effective 5/22/2022
Amended effective 7/3/2022
Amended effective 11/7/2022
Amended effective 5/1/2023
Amended effective 10/22/2023
Amended effective 12/4/2023
Amended effective 1/8/2024
Amended effective 4/4/2024
Amended effective 7/20/2024
Amended effective 11/19/2024