Notice of Emergency Rulemaking - Chapter 41.30 (1) Menhaden Fishery Re-Opening

The Department of Marine Resources is reopening the 2016 episodic event fishery for menhaden as of August 15, 2016, at which time the remaining 2016 episodic event quota is estimated to be approximately 2.3 million lbs.  This notice of agency emergency rule-making serves as the notice that the episodic event fishery is open as of Monday, August 15th, and fishing and landing may begin on Tuesday, August 16th (subject to declaration and reporting requirements as detailed below) at 0001 hours.

Based on landings reports received, Maine DMR believed that the 2016 menhaden episodic event quota was being utilized more quickly than daily landings report indicated, and took steps to ensure it was not exceeded by closing the Maine episodic event fishery on August 5, 2016.  However, actual landings were not as high as anticipated, and now Maine is reopening the episodic event fishery as there is biomass still available such that an episodic event fishery is necessary.  

Harvesters will also be limited to fishing and landing on three days per week (Tuesday 00:01 am through Thursday 11:59 pm) with a 120,000 lb weekly landing limit. 

Commercial pelagic license holders should be aware that DMR is implementing a new requirement that all participating license holders who intend to land more than 2000 lbs per day must declare into the fishery prior to any fishing activity and no later than noon on August 18, 2016 in order to ensure reporting compliance, and declare a single carrier vessel for the duration of the fishery.  Daily landing or did-not-fish reports must be submitted on each fishing/landing day(Tuesday 00:01 am through Thursday 11:59 pm).

There is an exception from the declaration requirement and daily reporting requirement for those harvesters taking and landing less than 2000 lbs of menhaden per day.  Please note that this is a change from the bycatch limit exception announced last week when the episodic fishery was closed, and vessels landing over 2000 lbs but under 6000 lbs must declare into the fishery and report daily.  Those harvesters taking and landing less than 2000 lbs per day are also not restricted to three landing days per week. 

These measures are necessary to prevent unusual damage or imminent depletion of the Atlantic menhaden resource.  The Commissioner adopts this emergency rule-making under the authority provided by 6171-3 (A).

This notice of emergency rulemaking can be found on the Maine DMR website.