Notice of Proposed Rulemaking: Chapter 41 Atlantic Menhaden - Hybrid Public Hearing Scheduled

Good afternoon,

Please be aware that proposed rulemaking for Chapter 41 Atlantic Menhaden; 2023 Season has been published and the comment period is open until March 10, 2023.

A public hearing has been scheduled in a hybrid format for Monday, February 27, 2023 at 5:00 p.m. at the DMR office located in the Marquardt Building, room 118, (32 Blossom Lane, Augusta) and Remote via Microsoft Teams is available under Meetings on DMR's webpage. 

Summary of fishery specifications by program:

• State allocation fishery
• Pound net and fish weirs may harvest starting June 1^st and land 1,050 pounds or 3 barrels daily
• All other gears will begin harvest 3^rd Monday annually; Monday, June 19, 2023 this season
• Harvest days are Mondays, Wednesdays, Fridays with a weekly limit of 18K or 51 barrels 
• EESA
• All other gears harvest days are Mondays and Fridays, 6K or 17 barrels daily.
• Pound nets and fish weirs seven days a week, but same daily limit and cannot exceed 12K week or 34 barrels.
• Small Scale
• Use of purse seines prohibited in accordance with Addendum I to Amendment 3 of the ISFMP for Atlantic Menhaden
• All other gears harvest days are Mondays, Wednesdays, Fridays, 6K or 17 barrels daily.
• Pound nets and fish weirs seven days a week, but same daily limit and cannot exceed 18K week or 51 barrels.

PLEASE BE SURE TO REVIEW THE PROPOSED RULE LANGUAGE FOR A FULL UNDERSTANDING OF PROPOSED CHANGES FOR THIS SEASON. 

Chapter 41 Atlantic Menhaden; 2023 Season

This proposed rulemaking specifies a separate start date of the commercial menhaden season for pound nets and fish weirs of June 1st, annually at a reduced daily limit until the broader commercial menhaden fishery opens. Licensed operators of pound nets and fish weirs must mark their gears with buoys that include their full name and DMR Landings number and only that license holder may harvest from that marked gear.

All other gears are proposed to begin commercial menhaden harvesting on the third Monday of June, annually. This rulemaking proposes daily and/or weekly trip limits and open harvest days for the commercial fishery in each fishery phase: State Allocation, Episodic Event set aside, and Incidental Catch and Small Scale. Permissible gear types have been specified for the general menhaden fishery and specifically for the Incidental Catch and Small Scale Fishery as well as the Noncommercial menhaden fishery. The proposed rule-making also includes a provision that would authorize the Commissioner to prohibit the commercial taking of menhaden for up to 14 days during the State Allocation fishery, if necessary to slow the rate at which the quota is caught.

Date, time and location of PUBLIC HEARING (if any): February 27, 2023: 5:00 p.m. at DMR’s Augusta office (Marquardt Building, 32 Blossom Lane, rm 118) and remotely via Microsoft Teams. If the February 27th hearing is cancelled due to inclement weather an alternate hearing will be held on February 28th at the same time, location, and format. Remote access information is posted to DMR’s website under “Meetings.”

COMMENT DEADLINE: March 10, 2023