. 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.
