§ 20-5-1. Fish traps — Permit required. It shall be unlawful for any person to set a fish trap in the public waters of the state without first obtaining a permit as provided in this chapter. For the purposes of this chapter, “fish trap” means stub and floating traps, weirs, pounds, nets, or any other […]
§ 20-5-10. Exclusive right of permittee — Assignment of permit. (a) The holder of any permit, or the holder’s heirs, executors, administrators, successors, or assigns shall have the exclusive right to fish the location by means of a fish trap, provided that the site is, and has been, actively fished. (b) Any holder of a […]
§ 20-5-11. Inspection of traps. The director of environmental management shall cause an inspection, or inspections, of the fish traps permitted to be made at a proper time, or times, in each year for the purpose of determining whether the traps are located in accordance with the permit for these traps and whether the permittee […]
§ 20-5-12. Suspension or revocation of permit. If, upon inspection, it appears that any trap is improperly located, or it is otherwise being used in violation of the rules and regulations fixed by the director, the director of environmental management shall immediately cause notice to be given to the holder of any permit; and if […]
§ 20-5-13. Report as to traps placed — Failure to occupy location — Removal of permit from state. On or before the tenth day of January in each year, every person holding a permit pursuant to this chapter shall notify the department of environmental management in writing, under oath, what traps were placed under the […]
§ 20-5-14. Removal of trap on cessation of use — Closed season — Damaged or dilapidated traps. Upon ceasing to use any fish trap as authorized, that structure shall at once be removed by the owner at the owner’s expense and to the satisfaction of the director of environmental management. Failure to remove it shall […]
§ 20-5-15. Seizure of abandoned or unlawful traps — Destruction or sale. The department may take possession of any abandoned fish trap and appurtenances; or any fish trap and appurtenances placed in a location for which no permit has been obtained; or any fish trap and appurtenances for which a permit location has been obtained […]
§ 20-5-16. Rules and regulations. The director of environmental management, with the concurrence of the marine fisheries council, may adopt and amend any rules and regulations in reference to fish traps, permitted under this chapter, that may appear to him or her necessary for the public safety and for the proper execution of this chapter. […]
§ 20-5-17. Judicial enforcement of chapter and orders. The superior court, upon the application of the director of environmental management, shall have jurisdiction in equity to enjoin the violation of any of the provisions of this chapter and to enforce the orders of the director provided for in this chapter. History of Section.P.L. 1981, ch. […]
§ 20-5-18. Willful injury to traps. Any person who willfully or maliciously cuts, removes, displaces, tampers with, or in any way damages any trap, leader, or pound set by virtue of the permit provided for by this chapter shall be imprisoned not exceeding two (2) years, or fined not exceeding one thousand dollars ($1,000), or […]
§ 20-5-19. Penalty for violations generally — Prosecution. Every person or corporation willfully violating any of the provisions of this chapter, or any rule or regulation adopted under the authority of this chapter, shall be punished by a fine not exceeding five hundred dollars ($500), nor less than one hundred dollars ($100), or imprisoned (in […]
§ 20-5-2. Persons to whom permits issuable. The department of environmental management may issue permits duly signed and under its seal to set or erect and maintain fish traps, as provided in this chapter, to any resident of this state or to any corporations incorporated in the state, licensed in accordance with chapter 2.1 of […]
§ 20-5-20. Appropriations and disbursements. The general assembly shall annually appropriate any sums it may deem sufficient to be expended by the department of environmental management under the provisions of this chapter; and the state controller is authorized and directed to draw orders upon the general treasurer for those sums that may, from time to […]
§ 20-5-21. Fish traps near Conanicut Island unlawful. It shall be unlawful to place any fish trap, as defined in this chapter, in the public waters of this state within one mile of the shore of the Island of Conanicut and no permit for this purpose shall be granted. History of Section.P.L. 1981, ch. 197, […]
§ 20-5-22. Severability. Each section of this chapter, and each part of each section, is hereby declared to be an independent section; and the holding of any section or sections in part or parts of sections to be void, ineffective, or unconstitutional for any cause, shall not be deemed to affect any other section or […]
§ 20-5-3. Application for permit. (a) Any person desiring a permit for a location for erecting a fish trap shall make application in writing to the department of environmental management in any form and giving any information that the department may require. (b) Each application for a location for a fish trap shall fix definitely […]
§ 20-5-4. Distance between traps — Length of trap leader. Except as provided in § 20-5-5, no permit shall be granted for the erection within the public waters of the state of a fish trap any part of which is less than three thousand feet (3,000′) distant from an adjoining trap, measured parallel with the […]
§ 20-5-5. Restricted locations off Rhode Island and Sakonnet River. No permit shall be granted for the erection of a fish trap within that portion of the public waters of the state southerly of the island of Rhode Island, designated by the engineer’s office of the department of the army as available fishing areas, lying […]
§ 20-5-6. Continuity of traps. (a) No more than two (2) traps shall be set together in any continuous string of line, and there shall be a space of one hundred fifty (150) fathoms between two traps set within which no trap, leader, or other twine shall be placed. (b) No more than three (3) […]
§ 20-5-7. Hook-backs in leaders. Each leader shall be set as nearly as may be in a straight line and, with the exception of the traps permitted by § 20-5-5(7) and (8), no bend or angle in each leader known commonly as a “hook-back” shall be permitted. History of Section.P.L. 1981, ch. 197, § 3.
