Section 250-RICR-90-00-3.21 - Menhaden3.21.1RecreationalA. Minimum size: No minimum size.B. Season: January 1 through December 31.C. Possession limit: 1. Less than or equal to four inches (4"): Unlimited.2. Greater than four inches (4"): Two hundred (200) fish per person per day.3.21.2CommercialA. Menhaden Management Area: 1. Opening and closure of fishery: a. Fishery opening - possession limit: (1) Biomass Floor: When the weekly standing stock as estimated by DEM reaches two million (2,000,000) pounds, the daily possession limit will be one hundred twenty thousand (120,000) pounds per vessel per day.b. Fishery closure:(1) Biomass Ceiling: When fifty percent (50%) of the estimated standing stock of menhaden, above the minimum threshold amount of one million five hundred thousand (1,500,000) pounds, is harvested, the DEM shall close the menhaden fishery until further notice.(2) If at any time the stock estimate drops below one million five hundred thousand (1,500,000) pounds, the DEM shall close the commercial fishery until further notice.c. Fall opening in the Menhaden Management Area:(1) Beginning September 1, the waters of the Menhaden Management Area located south of the Jamestown and Newport Bridges, and south of a line extending from Fogland Point in the town of Little Compton to Sandy Point beach in the town of Portsmouth, and north of the southern boundary of the Management Area, will be open to the harvest of menhaden by purse seine provided that the State's quota has not been exhausted or if the Episodic Event Set Aside Program has been enacted in Rhode Island.(2) Possession limit: Twenty-five thousand (25,000) pounds per vessel per day.2. Commercial vessel restrictions: a. This Section does not apply to the incidental catch fisheries as defined in § 3.21.2(D)(1)(b) of this Part, or floating fish traps.b. The use of purse seines shall be permitted only in accordance with the following terms and conditions:(1) All nets shall be less than one hundred (100) fathoms (six hundred feet (600')) in length and less than fifteen (15) fathoms (ninety feet (90')) in depth.(2) All nets shall be marked with fluorescent-colored float buoys, distinguishable from the other float buoys on the net, at intervals of fifty feet (50').(3) Annually, prior to use, all nets shall be inspected and certified as being in conformance with the provisions of this Section by the DEM Division of Law Enforcement (DLE). Once inspected and certified, a net may be used throughout the duration of the calendar year in which it was inspected, provided that it is not altered with regard to any of the provisions of this Section. Any net that is altered with regard to any of the provisions of this Section must be re-inspected and recertified prior to use.c. The possession or taking of menhaden by a fishing vessel engaged in the commercial menhaden fishery is prohibited in the following areas: (1) In the Providence River north of a line extending from Rocky Point to the flagpole on Conimicut Point in the city of Warwick to Nayatt Point in the town of Barrington.(2) In Greenwich Bay west and north of a line extending from the flagpole on Warwick Point to Sandy Point in the city of Warwick.d. The possession or taking of menhaden by a fishing vessel engaged in the commercial menhaden fishery is prohibited on any Saturday, Sunday, official State holiday, or prior to sunrise or following sunset.e. Fish storage capacity: A fishing vessel engaged in the commercial menhaden fishery may not have a useable fish storage capacity greater than one hundred twenty thousand (120,000) pounds. Prior to the commencement of fishing, for any vessel not previously certified through this process, each vessel must be inspected by a certified marine surveyor and assessed with regard to its fish storage capacity. Such certification must be kept aboard the vessel at all times. Vessels must either be certified as having a useable storage capacity of one hundred twenty thousand (120,000) pounds or less, or for vessels with a fish storage capacity greater than one hundred twenty thousand (120,000) pounds the excess capacity is rendered unusable in accordance with the specifications set forth in the assessment.B. Possession of menhaden in Rhode Island under State Quota Program: 1. Possession limit: One hundred twenty thousand (120,000) pounds per vessel per day.2. Once the quota has been reached, the fishery will close for directed fisheries, including but not limited to purse seine operations, and the incidental catch fishery will be in effect.3. All commercial menhaden operations conducted in the Management Area, prior to and after the State's quota has been reached, are subject to the provisions of § 3.21.2(A) of this Part.C. Episodic Event Set Aside Program:1. After the State's quota has been reached, if Rhode Island is approved to participate in the Episodic Event Set Aside Program for menhaden, as established by the ASMFC, the possession limit for menhaden will be one hundred twenty thousand (120,000) pounds per vessel per day, until the Set Aside quota has been exhausted, as determined by the ASMFC and/or the DEM, at which time the program will end and the directed fishery will close. Vessels that target and land menhaden in Rhode Island under this program must harvest only from Rhode Island waters and, if operating in the Management Area, must adhere to all the provisions as specified in § 3.21.2(A) of this Part.2. The Episodic Event Set Aside Program will end on October 31, or when the Set Aside quota has been harvested, whichever first occurs.D. Incidental catch fishery:1. After the State's quota has been reached, an incidental catch fishery will be in effect as follows:a. Possession limit: (1) Six thousand (6,000) pounds per vessel per day.(2) Twelve thousand (12,000) pounds per vessel per day for two (2) commercially licensed individuals harvesting from the same vessel, fishing stationary multi-species gear.b. Gear Types: (1) Non-directed: Anchored/stake gillnets, trawls, fyke nets, and floating fish traps.(2) Small-scale: Cast nets, pots, hook and line, hand lines, and bait nets.(3) Stationary multi-species: Anchored/stake gillnets, floating fish traps, and fyke nets.E. Commercial vessel reporting requirements:1. This Section does not apply to incidental catch fisheries as defined in § 3.21.2(D)(1)(b) of this Part, or floating fish traps.2. Any fisher intending to engage in the commercial menhaden fishery in the Management Area shall notify the DLE at (401) 222-3070 prior to taking or possessing menhaden. At the time that a fisher advises the DLE of his/her intent to harvest menhaden, the DLE shall notify said fisher of any modification which may have been established in the possession limit for menhaden.3. Each person engaging in the commercial menhaden fishery shall contact the DEM at (401) 423-1940 at the end of each day to report the area fished and the amount of menhaden in possession by the fisher in pounds.F. Prohibition on the harvesting of menhaden for reduction processing: The taking of menhaden for reduction (fish meal) purposes is prohibited in Rhode Island waters. A vessel will be considered in the reduction (fish meal) business if any portion of the vessel's catch is sold for reduction.G. No person may transfer or attempt to transfer at sea, from one (1) vessel to another, any finfish identified in these Regulations.H. Possession limit compliance: It shall be unlawful for any commercial menhaden operation to land more than one (1) possession limit per day.250 R.I. Code R. 250-RICR-90-00-3.21
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