Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 30 - RIVER HERRING › Section 188-30-02 - Limits on River Herring

Current through 2024-29, July 17, 2024
Beginning January 1, 2012 it shall be unlawful for any person
				  to take, possess, harvest or sell river herring in the State of Maine or in
				  waters under the jurisdiction of the State of Maine.
Exceptions
:
A.
River herring fishing rights
A municipality or an individual with existing river herring
				  harvest rights granted by the Commissioner in accordance with
				  12 M.R.S.
				  §6131 are not subject to Chapter 30. The
				  Commissioner may authorize a future river herring fishery, authorized pursuant
				  to
				  12 M.R.S.
				  §6131, after submission of a sustainable
				  fisheries management plan for that fishery by the Department, which is approved
				  by the Atlantic States Marine Fisheries Commission (ASMFC) Management
				  Board.
Individuals holding a valid license issued under
				  12
				  M.R.S. §6851 may buy, sell, ship or
				  transport river herring obtained from a municipality or individual with river
				  herring harvest rights granted by the Commissioner in accordance with
				  12 M.R.S.
				  §6131. Individuals may buy river herring
				  from a municipality or individual with river herring rights, or an individual
				  holding a valid license issued under M.R.S. § 6851, but must produce a
				  bill of sale indicating amount of fish purchased, date of purchase, and river
				  of origin if requested by marine patrol, and may sell those river herring in
				  the retail trade.
B.
Tolerance for river herring as by catch in fisheries conducted outside
				Maine territorial waters
No person may possess fish where more than 5% of the total by
				  count is comprised of river herring. The 5% tolerance by count will be
				  determined by examination of ½ bushel chosen at random by marine patrol
				  from the bulk pile. The number of fish in the sample will be separated by
				  species to obtain a count of river herring verses other species. The total
				  number of river herring in the sample will be divided by the total number of
				  fish in the sample to determine the percent composition of river herring
				  caught.
C.
Recreational fishing limit
Beginning January 1, 2012 an individual may take up to 25
				  river herring per day for recreational or personal use. If a municipality or
				  individual has obtained exclusive river herring harvesting rights under
				  12 M.R.S.
				  §6131, an individual may only take
				  alewives for recreational or personal use if it is in accordance with the
				  municipal harvest plan submitted annually to the Department by the
				  municipality.
Methods for taking river herring are limited to hook and line
				  and dip net. The possession limit is 25 fish per individual. Individuals must
				  be properly registered or licensed.*
* Registry or license information is available at DMR
				  Licensing Division, 21 State House Station, Augusta, Maine 04333-0021,
				  Telephone (207) 624-6550 or online at the following web link:
http://maine.gov/saltwater
.
D.
Pilot Project
The Commissioner may authorize the harvest of river herring,
				  subject to any necessary limitations, in the following locations as part of a
				  Pilot Project approved by the Atlantic States Marine Fisheries Commission Shad
				  and River Herring Management Board for river herring runs which do not
				  currently have an approved sustainable fisheries management plan.
1. Sewell Pond, Arrowsic
2. Wight's Pond, Penobscot
3. Center Pond, Phippsburg
This exemption expires December 31, 2025.