322 CMR, § 6.17

Current through Register 1538, January 3, 2025

Section 6.17 - Shad and River Herring

(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 31^st 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.

(4)Shad Possession Limits.

(a)Merrimack and Connecticut Rivers. No fisherman may possess more than three shad taken from the Connecticut or Merrimack River.

(b)All Other Waters of the Commonwealth. It shall be unlawful for any fishermen to possess any American shad taken from any waters other than the Connecticut and Merrimack Rivers. All fishing for American shad in these waters shall be limited to catch and release only.