Code of Massachusetts Regulations
322 CMR - Division of Marine Fisheries
Title 322 CMR 9.00 - Management of Sea Herring
Section 9.03 - Spawning Herring Protection
Universal Citation: 322 MA Code of Regs 322.9
Current through Register 1531, September 27, 2024
(1) Massachusetts/New Hampshire Spawning Area.
(a)
Massachusetts/New Hampshire
Spawning Area Map.
(b)
Massachusetts/New Hampshire Spawning Area Closure. To
protect spawning sea herring, the Director shall close the Massachusetts/New
Hampshire Spawning Area to sea herring fishing, as provided in 322 CMR
9.03(1)(f), when it is determined that sea herring are in spawning condition.
The closure date will be projected in accordance with the formula and process
set forth in the Atlantic States Marine Fisheries Commission's Interstate
Fishery Management Plan for Sea Herring.
(c)
Closure
Duration. Once the closure is enacted, it shall remain in effect
for six weeks, unless extended pursuant to 322 CMR 9.03(1)(d) and
(e).
(d)
Closure
Procedure. The closure date shall be announced prior to the
closure being enacted by:
1. Filing a
Notification of Closure with the Secretary of State;
2. Publishing the Notification of Closure
through the Division's electronic listserv and on the Division's website;
and
3. Providing a Notification of
Closure directly to all primary buyers by e-mail or facsimile.
(e)
Closure
Extension. Sampling of sea herring taken from the
Massachusetts/New Hampshire Closure Area shall begin during the last week of
the initial closure period or at the end of the initial closure period. If one
sample taken from the Massachusetts/New Hampshire Spawning Area is comprised of
20% or more spawn herring then the closure shall be extended for an additional
14 days. Any closure extension shall be announced in accordance with 322 CMR
9.03(d)1. through 3.
(f)
Limits on Sea Herring during the Closure. During the
Massachusetts/New Hampshire Spawning Area Closure, or an extension thereof, it
shall be unlawful for any vessel to possess or land more than 2,000 pounds of
sea herring caught within the Massachusetts/New Hampshire Spawning
Area.
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