Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.17 - Shad and River Herring

Current through Register 1525, July 5, 2024
(1)
Purpose
. 322 CMR 6.17 is promulgated to conserve river
			 herring and shad consistent with the Interstate Management Plan for Shad and
			 River Herring, established by the Atlantic States Marine Fisheries Commission.
			 The harvest of both shad and river herring is prohibited in Commonwealth
			 waters, except when the Director determines that harvest from a particular run
			 is sustainable. For river herring, a person may possess or land a batch of bait
			 fish that comprises up to 5% of river herring, by count, if the bait fish is
			 caught in federal waters.
(2)
Definitions
.
Batch
means all fish in any separate
				container.
Catch and Release
means a method of
				angling whereby all catch is released immediately following capture to ensure
				survival.
Container
means any box, tote, bag,
				bucket or other receptacle containing loose fish which may be separated from
				the entire load or shipment.
Land
means to transfer or offload fish
				from a vessel onto any dock, pier, wharf or other artificial structure used for
				the purpose or receiving fish.
Managing Entity
means the municipality
				or other entity with the authority under with M.G.L. c. 130, § 94 to
				control and regulate a river herring spawning run.
River Herring
means those species of
				fish known as alewives (
Alosa pseudoharengus
) and bluebacks
				(
Alosa aestivalis
).
Shad
means that species of fish known
				as
Alosa sapidissima
.
Spawning Run
means those coastal
				rivers and streams that river herring migrate to for the purpose of
				spawning.
(3)
River Herring
.
(a)
Taking and Possession of River Herring in Waters under the
			 Jurisdiction of the Commonwealth
. It shall be unlawful for any
			 person to harvest, possess or sell river herring in the Commonwealth or in the
			 waters under the jurisdiction of the Commonwealth.
(b)
Exception for Spawning Runs
			 with Sustainable Harvest Plans
. The Director may authorize the
			 opening of particular spawning runs to the harvest of river herring, provided
			 such spawning runs have a sustainable harvest plan approved by the Atlantic
			 States Marine Fisheries Commission (ASMFC) pursuant to Amendment 2 to the Shad
			 and River Herring Fishery Management Plan. The managing entity shall be
			 responsible for the control and regulation of any spawning run authorized to be
			 open by the Director.
1.
Process
			 for Opening and Closing a Spawning Run
. The Director shall open or
			 close a previously open spawning run in accordance with the following
			 procedure:
a. a written notification is filed
			 with the Secretary of the Commonwealth for publication in the
Massachusetts Register
;
b. a written notification is distributed
via
the Division's e-mail list serve;
c. a written notification is posted on the
			 Division's Legal Notice webpage;
d.
			 a written notification is provided to the spawning run's managing entity;
			 and
e. a list of open runs is
			 posted on DMF's website.
2.
Annual Harvest Permit and
			 Daily Harvest Receipt
. The harvest and possession of river herring
			 from an open spawning run shall be in accordance with the following annual
			 harvest permit and daily harvest card requirements:
a.
Issuance of Annual Harvest
			 Permits
. The managing entity shall issue an annual harvest permit
			 to a named individual, which shall expire on December
			 31st following the date of issuance. On an annual
			 basis, the managing entity shall provide the Division of Marine Fisheries with
			 a list of individuals who have obtained annual harvest permits for the open
			 spawning run.
b.
Issuance of Daily Harvest Receipts
. The managing
			 entity shall issue a daily harvest receipt to the named permit holder upon
			 completion of their harvesting of river herring from the open spawning run
			 during any calendar day. Upon transfer of the receipt from the managing entity
			 to the run to the permit holder, it shall bear an official stamp or mark of the
			 managing entity. The daily receipt shall include the following minimum
			 information: the date of harvest; the harvest limit for the open spawning run
			 established in the ASMFC-approved Sustainable Harvest Plan, and the amount of
			 river herring harvested by the permit holder; and the expiration date, which
			 shall be three weeks after the date of harvest.
c.
Possession of Annual Harvest
			 Permits and Daily Harvest Cards
. Except as provided in 322 CMR
			 6.17(3)(b)2.d., an individual in possession of river herring taken from an open
			 spawning run must hold a valid annual harvest permit and a daily harvest
			 receipt issued by the managing entity for the open spawning run. The daily
			 harvest receipt must be intact and legible. Individuals in possession of river
			 herring shall produce a valid annual harvest permit and daily harvest receipt
			 upon demand of any officer authorized to enforce river herring laws and
			 regulations of the Commonwealth.
d.
Allowance for Possession of River Herring by Individuals Other than
			 the Annual Harvest Permit Holder
. An individual that does not hold
			 a valid annual harvest permit and daily harvest receipt may lawfully possess
			 river herring or use it as bait, provided they are in the physical presence of
			 a valid annual harvester permit holder with a valid daily harvest receipt that
			 accounts for the river herring and all persons are in compliance with all of
			 the other requirements in 322 CMR 6.17(3)(b)2.
e.
Violations
.
			 Except as authorized by 322 CMR 6.17(3)(b)2.d., it shall be
prima
			 facie
evidence of a violation of the river herring harvest moratorium
			 at 322 CMR 6.17(3)(a) if:
i. An individual is
			 harvesting or attempting to harvest river herring from an open spawning run
			 without a valid annual harvest permit issued to them by the managing entity for
			 that spawning run.
ii. An
			 individual is in possession of river herring and fails to produce or does not
			 hold a valid annual harvest permit.
iii. An individual is in possession of river
			 herring and fails to produce or does not hold a valid annual harvest permit and
			 daily harvest receipt issued by the same managing entity for the same open
			 spawning run.
iv. The annual
			 harvest permit holder is in possession of river herring after the three week
			 expiration date contained in the daily harvest receipt.
v. An individual is in possession of river
			 herring in a quantity that exceeds the harvest limit for an open spawning run
			 identified in the daily harvest receipt and established in accordance with the
			 ASMFC-approved Sustainable Harvest Plan for the spawning run. Individuals may
			 store or possess a quantity of river herring that exceeds the established
			 harvest limit provided that the number of river herring stored or possessed
			 does not exceed the aggregate harvest limit of river herring allowed by the
			 valid daily harvest receipts.
vi.
			 The daily harvest receipt has been rendered
			 illegible.
(c)
By-catch Tolerance for Bait
			 Fisheries Conducted in Federal Waters
. A person may possess or
			 land a batch of bait fish that comprises up to 5% of river herring, by count,
			 provided the bait fish is caught in federal waters. Notwithstanding the
			 foregoing, the operator of a vessel, as defined by
			 322 CMR
			 7.01(1):
Vessel
, that lands sea herring, or a wholesale dealer, as
			 defined by
			 322 CMR
			 7.01(3)(a):
Wholesale Dealer
, that processes sea herring, may possess a
			 batch of bait fish that exceeds 5% of river herring, by count, if said batch
			 has been sorted and graded after the bait fish has landed.