Narrow river of rt1a in Naragannsit

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Narrow river of rt1a in Naragannsit

Postby jerseywaterfowler » Sun Jan 14, 2007 10:38 am

Gentleman,
I spend the last week of August every year in Naraggansitt on vaction. I always take a few mornings to fly fish for Stripers in the Narrow river among other places. I see what appears to be old duck blinds in the back area of the river, along with a ton of puddles( blacks/greenheads). Is hunting allowed back there? just wondering, been praying for years for a transfer from Jersey up to RI and if it ever happens would love to do a cast and blast on the river.
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Narrow river, in Narragansett

Postby Muzzyinbambi » Sun Jan 14, 2007 3:36 pm

All hunting with firearms is not allowed in the town of Naragansett. Those old blinds have been there for years and can not be used. Don't be upset, there are lots of places to hunt. Note that hunting is allowed in the town of South Kingstown just across the river. So there are places that you can hunt on the river, but it is limited.

Don't be upset, you can find hundreds of places to hunt birds in Rhode Island, Salt pond is a duck playground.

You can hunt off the shore of Narragansett if you are 175 feet from land and 500 ft from a occupied building shooting over open water.

Good luck, happy hunting.
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Postby Dylandawg » Tue Nov 13, 2007 11:32 am

In response to Muzzyinbambi,

The blinds Jersey are referring to are in fact are on South Kingstown side. The towns split down the center of the river.

As far as discharging a firearm in Narragansett. The town ordinance states you can not discharge a rifle or pistol within town limits. I questioned the Narragansett chief of police about the use of a shotgun (A rifle and a shotgun are categorized as two different firearms in RI State law) his answer was " any gun and if you want to test the law be me guest, I'm sure we can afford the attorney's fees more then you."

In 1991 I was charged with that town ordinance and the charges were dismissed in court because the town of Narragansett has no jurisdiction on land of tidal waters, which Narrow river is. According to Federal law you and I have up to10 feet above mean high water to be able to hunt , fish, gather and anything else legal even if your on someone's elses property. There is also nothing in any of the town ordinances that states you have to be 175 feet offshore to dischare a firearm.
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In response to Dylandawg

Postby Muzzyinbambi » Tue Nov 20, 2007 7:43 pm

This should clear up some things.

State law covers this, the following is the discription that is used to cover all firearms. Rifle, pistol, black-powder, cannon ect.

This info is straight out of the Rhode Island General Laws.


TITLE 11
Criminal Offenses
CHAPTER 11-47
Weapons
SECTION 11-47-2.3



(3) "Firearm" includes any machine gun, pistol, rifle, air rifle, air pistol, "blank gun," "BB gun," or other instrument from which steel or metal projectiles are propelled, or which may readily be converted to expel a projectile, except recurve, compound, or longbows, and except instruments propelling projectiles which are designed or normally used for a primary purpose other than as a weapon. The frame or receiver of the weapon shall be construed as a firearm under the provisions of this section.




And a town has the right to impose ordinances to protect the people of said town from harm, noise and a host of other things.

TITLE 45
Towns and cities
CHAPTER 45-6
Ordinances
SECTION 45-6-1
§ 45-6-1 Scope of ordinances permissible. – (a) Town and city councils may, from time to time, make and ordain all ordinances and regulations for their respective towns and cities, not repugnant to law, which they deem necessary for the safety of their inhabitants from fire, firearms, and fireworks; to prevent persons standing on any footwalk, sidewalk, doorstep, or in any doorway, or riding, driving, fastening, or leaving any horse or other animal or any carriage, team, or other vehicle on any footwalk, sidewalk, doorstep, or doorway within the town or city, to the obstruction, hindrance, delay, disturbance, or annoyance of passersby or of persons residing or doing business in this vicinity; to regulate the putting up and maintenance of telegraph and other wires and their appurtenances; to prevent the indecent exposure of any one bathing in any of the waters within their respective towns and cities; against breakers of the Sabbath; against habitual drunkenness; respecting the purchase and sale of merchandise or commodities within their respective towns and cities; to protect burial grounds and the graves in these burial grounds from trespassers; and, generally, all other ordinances, regulations and bylaws for the well ordering, managing, and directing of the prudential affairs and police of their respective towns and cities, not repugnant to the constitution and laws of this state, or of the United States.
(b) Town and city councils shall furnish to their senators and representatives, upon request and at no charge, copies and updates of all ordinances and regulations.

Narragansett does have a ordiance in regards to hunting east of Sprague Bridge. I will find it for you and post it here. If I can't find it, I will eat crow here just the same!

You are correct that we as citizens of the State of Rhode Island, have the right to access coastal waters from the waters edge to the high water mark, but this is not a federal law, it's a article in the Rhode Island Constitution. It is unique to this state. Please read Article 1 section 17 of the Rhode Island Constitution.


Section 17. Fishery rights -- Shore privileges -- Preservation of natural resources. -- The people shall continue to enjoy and freely exercise all the rights of fishery, and the privileges of the shore, to which they have been heretofore entitled under the charter and usages of this state, including but not limited to fishing from the shore, the gathering of seaweed, leaving the shore to swim in the sea and passage along the shore; and they shall be secure in their rights to the use and enjoyment of the natural resources of the state with due regard for the preservation of their values; and it shall be the duty of the general assembly to provide for the conservation of the air, land, water, plant, animal, mineral and other natural resources of the state, and to adopt all means necessary and proper by law to protect the natural environment of the people of the state by providing adequate resource planning for the control and regulation of the use of the natural resources of the state and for the preservation, regeneration and restoration of the natural environment of the state



You can not cross private property to access that area. So that being said, there are lots of places that can only be reached from a boat or getting very wet.

Give me a few days, I'll research this crap and get back to you.
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Postby Dylandawg » Tue Nov 20, 2007 10:14 pm

Hey Guy,

I wasn't trying to bust your aggots. I've hunted the river since 1989. At Sprague bridge on 1A going north is at least 2000 feet of shore line that is town property which is public access and there is over 10 public access points on the river in Narragansett and South Kingstown. Some are just paths between two pieces of private property. There is a book published that shows well over 800 access points in RI to the ocean, bay and coastal rivers. Most you would never think were there. There is even two public boat ramps on the river and two or three places you can drive up to and launch a car top from. I lived on the river for 8 years.

As for the Narragansett ordinance it states no discharge of a rifle or pistol within town limits It doesn't state firearm so that's up to a judge to decide if anybody wants to test the law.

Coastal waters are under federal jurisdiction and supersede state and local law. There is a federal law very similar to Rhode Island's and that's why they couldn't convict me for discharging a shotgun or hunting on Narrow River in Narragansett. At the time there was a satellite office of the US Fish and Wildlife on Boston Neck Rd. and one of the officers from there, came to my court hearing and stated the Federal Regulation to the Judge and after that the Judge told the town they had no case and dismissed the charges.
I still hunt on the Narragansett side just north of the bridge at least two or three times every year. Every so often the police show up and checks with DEM or the station and DEM and the police station tells the officer I'm perfectly legal as long as I'm following the hunting regulations.

Being A duck hunter in RI for for 37 years now and the amount of anti's we have here, I've had the police called on me quite a few times now while hunting the bay and coastal rivers. Let me see now, it's been Cranston, East Providence, Providence, Warwick, North Kingstown, Narragansett, Jamestown, Portsmouth (which was on a Sunday and there is no hunting on Sundays there) and a few more I'm sure. Never once have I been written up. That's because once the police call DEM, DEM tells them that as long as I'm within 10' of mean high water I'm legal and they have no jurisdiction.

I just thought of this:
A good part of Great Salt Pond is in Narragansett, there is a good amount of duck hunters that hunt the Narragansett side. How come they don't get busted? How come you can still hunt there if you can't discharge a firearm in Narragansett? That should just about answer the question, if they can't bust you on salt pond. How can they bust you on narrow river as long as your following the hunting regulations?(ie: 500" from a occupied dwelling, 50' from a road, discharge over water, ect.)

Answer that one, the pond gets hunted and it's in Narragansett.
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