Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 41 - MENHADEN › Section 188-41-30 - Commercial Menhaden Fishery Management Program

Current through 2024-29, July 17, 2024
1.
State Allocation Fishery
A. Notice
The state allocation fishery is open until such time as the
				  Department has landings information that the quota assigned to Maine by the
				  Atlantic States Marine Fisheries Commission has been reached or could be
				  exceeded. At that time, the Department will notify commercial menhaden license
				  holders by public notice in a newspaper circulated in the area affected, and on
				  the Department's publicly accessible website, of the closing date for the state
				  allocation fishery. It is unlawful to fish for menhaden after the closing date
				  of the state allocation fishery, unless the Department has opened the episodic
				  event fishery, or the incidental catch and small scale fishery.
The Commissioner may extend or reopen the State Allocation
				  Fishery at any time with notice to commercial menhaden license holders, should
				  a quota increase or quota transfer of menhaden be received via allocation
				  adjustments of the Atlantic States Marine Fisheries Commission Interstate
				  Fishery Management Plan for Atlantic Menhaden.
Whenever landings of menhaden are occurring at a rate that
				  the Commissioner is concerned that the entire quota for the state allocation
				  fishery will be reached in a time frame that will negatively impact the supply
				  and availability of bait, the Commissioner may temporarily prohibit the taking
				  of menhaden by commercial menhaden license holders for up to fourteen days. If
				  the Commissioner determines it is necessary to temporarily prohibit the taking
				  of menhaden by commercial menhaden license holders, the Department will notify
				  license holders by a notice in a newspaper circulated in the area affected,
				  direct notice to the email address and phone number provided by the license
				  holder, and on the Department's publicly accessible website, of the date of
				  closing of the fishery and the date on which it will reopen.
When the commercial menhaden fishery is paused by the
				  Commissioner, or if the commercial fishery is closed while transitioning to the
				  Episodic Event Set Aside program, individuals operating a pound net or a fish
				  weir, who also hold a Commercial Pelagic and Anadromous license may take 3
				  barrels (1,050 lbs) of menhaden as incidental bycatch.
B.
Pound net and fish weir effort
				restrictions
It is unlawful to harvest menhaden prior to the opening of
				  the state allocation fishery which is set for pound net and fish weirs as June
				  1st, annually. Harvest of menhaden by pound net or
				  fish weirs prior to the third Monday of June may occur seven days a week and is
				  limited to taking 1,050 pounds or 3 barrels daily.
Starting on the third Monday of June, pound net and fish
				  weirs may land, take or fish seven days a week and have a daily landing limit
				  of 5,950 pounds per harvester vessel per day but may not exceed 17,850 pounds
				  weekly.
C.
Effort
				restrictions for all other gears
It is unlawful to harvest menhaden prior to the opening of
				  the state allocation fishery, starting on the third Monday of June, annually,
				  at 12:01 AM. Following the opening of the state allocation fishery and prior to
				  the closure of the state allocation fishery, it is unlawful to fish for or land
				  menhaden except between 12:01 AM to 11:59 PM on Mondays, Wednesdays and Fridays
				  each week. It is unlawful to fish for, take or possess more than 5,950 pounds
				  per harvester vessel per day. It is unlawful for a harvester vessel to sell,
				  give or transfer menhaden they have taken to any other vessel while at sea. It
				  is unlawful to receive menhaden from a harvester vessel while at sea. It is
				  unlawful for a harvester vessel to complete more than one landing per calendar
				  day. For the purpose of enforcing these limitations, the Department shall use
				  the definitions provided in 41.25.
Exception: A vessel other than the harvester vessel may take
				  fish from a purse seine under an approved designated partnership agreement as
				  specified in 41.06. The vessel removing the fish from the seine is responsible
				  for reporting those fish taken. Vessel daily limits remain at 5,950 pounds per
				  harvester vessel per day.
D.
Storage Requirement
All menhaden must immediately be stored in barrels, crates,
				  fish tanks or fish totes, or a combination thereof, upon harvest. All menhaden
				  must be contained in barrels, crates, fish tanks or fish totes on both the
				  harvester vessel and the dory towed by the harvester vessel, if
				  utilized.