Atlantic Herring Fishery Management Plan regulations require NOAA Fisheries to implement a 2,000-lb Atlantic herring possession limit for vessels fishing with midwater trawl gear in the Cape Cod Catch Cap Closure Area beginning on the date that catch is projected to reach 95 percent of the river herring and shad catch cap allocated to the Cape Cod Catch Cap Area. We estimate that midwater trawl herring vessels will have caught 96 percent of the 2023 river herring and shad catch cap allocated to the Cape Cod Catch Cap Area by April 20, 2023.
As a result, effective 00:01 hr local time on April 26, 2023, through 24:00 hr local time on December 31, 2023, midwater trawl vessels may not attempt or do any of the following: Fish for, possess, transfer, receive, land, or sell more than 2,000 lb of herring from the Cape Cod Catch Cap Closure Area per trip; or land herring from the Cape Cod Catch Cap Closure Area more than once per calendar day (Figure 1). Also effective 00:01 hr local time, April 26, 2023, through 24:00 hr local time, December 31, 2023, federally permitted dealers may not attempt or do any of the following: Purchase; receive; possess; have custody or control of; sell; barter; trade; or transfer more than 2,000 lb of herring per trip or calendar day from a midwater trawl vessel fishing in the Cape Cod Catch Cap Closure Area, unless it is from a vessel that enters port before 00:01 hr local time on April 26, 2023, and catch is landed in accordance with state management measures.
Midwater trawl vessels that enter port before 00:01 hr local time on April 26, 2023, may land and sell, and dealers may receive or purchase, more than 2,000 lb of herring from a trip in the Cape Cod Catch Cap Closure Area, provided that catch is landed in accordance with state management measures.
Midwater trawl vessels may transit through or land in the Cape Cod Catch Cap Closure Area with more than 2,000 lb of herring on board, provided that: The herring were caught in an area not subject to a 2,000-lb limit; all fishing gear is stowed and not available for immediate use as defined by 50 CFR 648.2; and the vessel is issued a permit appropriate to the amount of herring on board and the area where the herring was harvested.
Figure 1. Map of River Herring and Shad Catch Cap Areas and Catch Cap Closure Areas for the Herring Fishery.
This bulletin serves as a Small Entity Compliance Guide, complying with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.
