Spawning Herring Protection

(1) Massachusetts/New Hampshire Spawning Area. (a) Massachusetts/New Hampshire Spawning Area Map. (b) Massachu setts/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.