1. DEPARTMENT OF MARINE RESOURCES
   1. Chapter 41: MENHADEN

INDEX

41.05 Prohibitions

41.10 Suspension of Rules

41.20 Reporting

41.25 Definitions

41.30 Commercial Menhaden Fishery Management Program

41.40 Noncommercial Menhaden Fishing

41.50 Recreational Fishing

41.05 Prohibitions

1. It is unlawful to fish for, take, possess, or land menhaden except from Maine’s territorial waters.

1. 2. It is unlawful to fish for, take or land menhaden except between May 1 and November 30, both days inclusive.

3. It is unlawful to fish for or take Atlantic menhaden by vessels rigged with a midwater, otter or beam trawl net in Maine territorial waters.

4. It is unlawful to use a vessel to fish for or take menhaden that exceeds 50 feet overall length as shown on the vessel’s current USCG documentation or State registration.

1. 5. It is unlawful for any vessel other than the harvester vessel that made the set to remove fish from the purse seine or gillnet. If more than one vessel is used to set the seine or net, only the vessel from which the seine or net was removed may take or possess menhaden from the seine or net.
2. 6. It is unlawful for the holder of a menhaden license to take menhaden using a gear type not authorized for their license type, as specified in either section 41.30 or 41.40. Permitted gears include anchored/staked gillnets, bait gillnets, cast nets, drift gill nets, fish weirs, floating fish traps, fyke nets, hand seines, hand lines, hook and line, stop seines, pots, pound nets, and purse seines. Permitted gears are dependent upon which commercial fishery phase is open.

41.10 Suspension of Rules

1. The Commissioner has the authority to suspend all regulations in the event of a potential fish kill upon consultation with industry and Marine Patrol. Notice of rule suspension and duration shall be provided via direct notice to the email address and phone number provided by the license holder, and on the Department’s publicly accessible website.

41.20 Reporting

1. 1. Commercial Menhaden Fishing License

   All harvesters must report all landed and retained fish daily to the Department via an approved electronic reporting option by 11:59 PM the day of landing or retention. If no landings or retention occurred on a calendar day, a negative report is required.

   1. Exception: Daily reporting is not required for the Incidental Catch and Small Scale Fishery as described in 41.30(3). Weekly electronic reporting remains a requirement. Trip level reports are due weekly by 11:59 pm Sunday.
      1. 2. Noncommercial Menhaden Fishing License

   All harvesters must report trip level landings and retention to the Department via an approved electronic reporting option once per week no later than 11:59 pm Sunday. If no landings or retention occur during the week (Monday 12:01 am through Sunday 11:59 pm), a negative report is required.

   Harvesters: See Chapter 8.20(M) for reporting requirements.

   Dealers: See Chapter 8.10 Landings Program for reporting requirements.

41.25 Definitions

A. Hogshead: one hogshead equals 17.5 lb bushels.

B. Bushel: one bushel equals 70 lbs of menhaden.

C. Barrel: one barrel equals 55 liquid gallons; or, 5 bushel of menhaden.

D. Truck: one truck equals 40,000 lbs of menhaden.

E. Fish tote: a standard fish tote (tray), measuring 28 inches long x 16 inches wide x 11 inches deep, when level full, equals 1/3 barrel.

F. Crate: a crate equals two and one half bushels or 175 pounds of menhaden.

1. G. Fish Tank or Box: a standard Saeplast or Bonar brand fish tank with internal measurements of 38 inches long x 38 inches wide x 44 inches deep and when filled to allow for a sealed cover, equals 20 bushels.

H. Landing: to come to shore, float or a dock and offload menhaden.

I. Harvester vessel: the vessel that deploys the net to fish for, take and possess

menhaden. A harvester vessel is in possession of fish once the net encircles and traps the fish.

1. J. Set: To place from a harvester vessel a purse seine or a bait gillnet in the coastal waters of the state for the purpose of taking menhaden.
   1. K. Pound net or trap net: a type of entrapment gear that consists of an arrangement of netting or wire supported upon stakes or piles and has the head ropes or lines above the water or in a frame that is supported by floats and anchors. A pound net or trap net may consist of an enclosure known as the pound proper, crib or pocket which has a netting floor and section known as a heart from the entrance of which a straight wall known as the leader or runner extends outward. There may be several combinations of hearts, pounds or pockets. Finfish are voluntarily directed by the leader towards and into the heart and/or pound, and then into the crib or pocket where they are removed periodically by various devices and methods, that are solely operated by hand.
   2. L. Fish weir: any fixed type of fishing equipment that consists of fences made of wooden stakes or out of other materials constructed in such a manner so as to intercept or attempt to intercept finfish. The fences form successive enclosures called the heart, pound and pocket into which the finfish are directed by a prolonged fence known as a leader.
   3. M. Dory: a boat with no mechanical means of propulsion that is towed to and from the fishing grounds by the harvester vessel.

41.30 Commercial Menhaden Fishery Management Program

1. 1. State Allocation Fishery

1. Notice

1. The state allocation fishery is open until such time as the Department has landings information that the quota assigned to Maine by the Atlantic States Marine Fisheries Commission has been reached or could be exceeded. At that time, the Department will notify commercial menhaden license holders by direct notice to the email address provided by the license holder, public notice in a newspaper circulated in the area affected, and on the Department’s publicly accessible website, of the closing date for the state allocation fishery. It is unlawful to fish for menhaden after the closing date of the state allocation fishery, unless the Department has opened the episodic event fishery, or the incidental catch and small scale fishery.
   1. The Commissioner may extend or reopen the State Allocation Fishery at any time with notice to commercial menhaden license holders, should a quota increase or quota transfer of menhaden be received via allocation adjustments of the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Atlantic Menhaden.
      1. Whenever landings of menhaden are occurring at a rate that the Commissioner is concerned that the entire quota for the state allocation fishery will be reached in a time frame that will negatively impact the supply and availability of bait, the Commissioner may temporarily prohibit the taking of menhaden by commercial menhaden license holders for up to fourteen days. If the Commissioner determines it is necessary to temporarily prohibit the taking of menhaden by commercial menhaden license holders, the Department will notify license holders by direct notice to the email address provided by the license holder, a notice in a newspaper circulated in the area affected, and on the Department’s publicly accessible website, of the date of closing of the fishery and the date on which it will reopen.
         1. When the commercial menhaden fishery is paused by the Commissioner, or if the commercial fishery is closed while transitioning to the Episodic Event Set Aside program, individuals operating a pound net, stop seine or a fish weir, who also hold a Commercial Pelagic and Anadromous license may take 3 barrels (1,050 lbs) of menhaden as incidental bycatch.
      2. B. Pound net and fish weir effort restrictions
         1. It is unlawful to harvest menhaden prior to the opening of the state allocation fishery which is set for pound net, stop seines and fish weirs as May 1^st, annually. Harvest of menhaden by pound net, stop seines or fish weirs prior to the second Monday of June may occur seven days a week and is limited to taking 1,050 pounds per harvester and per vessel per day.

            Starting on the second Monday of June, pound net, stop seine and fish weirs may land, take or fish seven days a week and have a weekly landing limit of 17,850 pounds per harvester vessel.

            Exception: Starting on the first Monday of September, pound net, stop seine and fish weirs may land, take or fish seven days a week and have a weekly landing limit of 14,000 pounds per harvester vessel.

1. Effort restrictions for all other gears

1. It is unlawful to harvest menhaden prior to the opening of the state allocation fishery, starting on the second Monday of June, annually, at 12:01 AM. Following the opening of the state allocation fishery and prior to the closure of the state allocation fishery, it is unlawful to fish for or land menhaden except between 12:01 AM to 11:59 PM on Mondays, Wednesdays and Fridays each week. It is unlawful to fish for, take or possess more than 17,850 pounds per harvester vessel per week. It is unlawful for a harvester vessel to sell, give or transfer menhaden they have taken to any other vessel while at sea. It is unlawful to receive menhaden from a harvester vessel while at sea. It is unlawful for a harvester vessel to complete more than one landing per calendar day. For the purpose of enforcing these limitations, the Department shall use the definitions provided in 41.25.
   1. Exception: Starting on the first Monday of September, annually, at 12:01AM, it is unlawful to fish for or land menhaden except between 12:01 AM to 11:59 PM on Mondays and Thursdays each week. It is unlawful to fish for, take or possess more than 7,000 pounds per harvester vessel per day.

1. Storage Requirement

1. All menhaden must immediately be stored in barrels, crates, fish tanks or fish totes, or a combination thereof, upon harvest. All menhaden must be contained in barrels, crates, fish tanks or fish totes on both the harvester vessel and the dory towed by the harvester vessel, if utilized.
   1. 2. Episodic Event Set-Aside (EESA) Fishery
      1. Following authorization by the Atlantic States Marine Fisheries Commission, the Department may open an episodic event set-aside (EESA) fishery following the closing of the state allocation fishery.

1. Notice

1. The Department will notify commercial menhaden license holders by public notice in a newspaper circulated in the area affected, and on the Department’s publicly accessible website, of the opening date for the episodic event fishery. When the Department receives notice from the Atlantic States Marine Fisheries Commission that the quota for the episodic event fishery has been reached or may be exceeded, the Department will notify commercial menhaden license holders by direct notice to the email address provided by the license holder, public notice in a newspaper circulated in the area affected, and on the Department’s publicly accessible website, of the closing date for the EESA fishery.

1. Effort restrictions

1. Following the opening of an EESA fishery and prior to the closure of the EESA fishery, it is unlawful to fish for or land menhaden except between 12:01 AM to 11:59 PM on Mondays and Thursdays each week. It is unlawful to fish for, take or possess more than 14,000 pounds per harvester vessel per week. It is unlawful for a harvester vessel to sell, give or transfer, menhaden they have taken to any other vessel while at sea. It is unlawful to receive menhaden from a harvester vessel while at sea. It is unlawful for a harvester vessel to complete more than one landing per calendar day. For the purpose of enforcing these limitations, the Department shall use the definitions provided in 41.25.
   1. Pound nets and fish weirs are not subject to the harvest schedule detailed above and may land, take or fish seven days a week. However, the total weekly landing limit may not exceed 14,000 pounds.
      1. Exception: When the Department is informed that another state has begun participating in the EESA fishery, the Department will notify license holders by direct notice to the email address provided by the license holder and a notice in a newspaper circulated in the area affected.
         1. Upon notice to license holders, the limit is 7,000 pounds per harvester vessel per day when more than one state is participating in the EESA fishery.

            Pound nets and fish weirs are not subject to the harvest schedule detailed above and may land, take or fish seven days a week. However, the daily landing limit is 7,000 pounds and the total weekly landing limit may not exceed 14,000 pounds.

1. Storage Requirement

1. All menhaden must immediately be stored in barrels, crates, fish tanks or fish totes, or a combination thereof, upon harvest. All menhaden must be contained in barrels, crates, fish tanks or fish totes on both the harvester vessel and the dory towed by the harvester vessel, if utilized.
2. 3. Incidental Catch and Small Scale Fishery
   1. An incidental catch and small scale fishery for menhaden may occur following the full utilization of the state allocation of menhaden or following the full utilization of both the state allocation and an episodic event fishery.

1. Notice

1. The Department will notify commercial menhaden license holders by direct notice by email and text to the email address and phone number provided by the license holder in their license application, and on the Department’s publicly accessible website, of the opening date for the incidental catch and small scale fishery.

1. Effort Restrictions

1. It is unlawful to fish for, take, possess or land more than 5,950 pounds per harvester vessel per day. It is unlawful to fish for or land menhaden except between 12:01 AM to 11:59 PM on Mondays, Wednesdays, and Fridays each week. It is unlawful for a harvester vessel to make more than one landing per calendar day. For the purpose of enforcing these limitations, the Department shall use the definitions provided in 41.25, except that it is unlawful during the incidental catch and small scale fishery for a harvester vessel to sell, give or transfer, menhaden they have taken to any other vessel while at sea. It is unlawful to receive menhaden from a harvester vessel while at sea. It is unlawful for a harvester vessel to complete more than one landing per calendar day.
   1. Pound nets and fish weirs are not subject to the harvest schedule detailed above and may land, take or fish seven days a week. However, the daily landing limit is 5,950 pounds per harvester vessel per day and the total weekly landing limit may not exceed 17,850 pounds per harvester vessel per day.

1. Gear Restrictions

1. It is unlawful during the Incidental Catch and Small Scale Fishery to use any gear type other than the following: bait gillnets (including anchored/staked gillnets or drift gill nets), cast nets, pots, hand seines, hook and line, pound nets, fish weirs, fyke nets, and floating fish traps.
   1. Bait gillnets cannot exceed 500 feet in length. A hand seine is defined as a seine solely operated by hand with no option to be cinched or pursed by the footrope.

1. Storage Requirement

1. All menhaden must immediately be stored in barrels, crates, fish tanks or fish totes, or a combination thereof, upon harvest. All menhaden must be contained in barrels, crates, fish tanks or fish totes on both the harvester vessel and the dory towed by the harvester vessel, if utilized.

41.40 Noncommercial Menhaden Fishing

The following limitations apply to individuals holding a noncommercial menhaden license issued under 12 MRS §6502-C.

A. Season

1. The holder of a noncommercial menhaden license may fish for, take or possess menhaden from May 1 to November 30.

B. Effort Restrictions

1. (1) It is unlawful to fish for, take, possess or land more than 1,050 pounds per harvester and per vessel, per day.

(2) It is unlawful to make more than one landing per vessel per calendar day.

(3) It is unlawful to transfer menhaden they have taken to any other vessel.

(4) It is unlawful to receive menhaden from a harvester vessel while at sea.

C. Gear Restrictions

1. It is unlawful to use any gear type other than the following when targeting menhaden: bait gillnets (including anchored/staked gillnets or drift gill nets), hand seines, cast nets, and fish traps.
   1. Bait gillnets cannot exceed 500 feet in length. A hand seine is defined as a seine solely operated by hand with no option to be cinched or pursed by the footrope.

41.50 Recreational Fishing

1. An individual may fish or take, by either speargun, harpoon, minnow trap, hand dip net or hook and line, up to 25 menhaden per day for personal use only without a license.

   EFFECTIVE DATE:

   May 2, 1982 – Section 41.01 with December 31, 1983 sunset provision

   AMENDED

   July 20, 2009 – Section 05

   September 20, 2010 – Section 30

   July 23, 2012 - Section 30

   June 6, 2013 – Section 30 EMERGENCY (expires September 4, 2013)

   July 25, 2013 – Section 30

   July 31, 2016 – Section 30 EMERGENCY

   August 5, 2016 – Section 30 (1) EMERGENCY (expires November 3, 2016)

   August 15, 2016 – Section (30) EMERGENCY (expires November 13, 2016)

   1. June 3, 2017 -Section 41.30 repealed and replaced (EMERGENCY)
      1. June 8, 2017 -Chapter repealed and replaced (EMERGENCY)
         1. July 3, 2017 - Section 41.30 (EMERGENCY)

            September 30, 2017 – Section 41.30 (EMERGENCY)

            April 28, 2018 – Sections 41.05, & 41.30

            September 15, 2018-Section 41.03(B) EMERGENCY

            March 13, 2019-Section 41.10, 41.20 and 41.30

            July 14, 2019-Section 41.30(3) EMERGENCY

            July 21, 2019-Section 41.30(2) EMERGENCY

            November 13, 2019-Section 41.20(1)&(2)

            March 15, 2020-41.15, 41.20, 41.30

   June 27, 2020-41.30, Open EESA (Emergency)

   July 2, 2020-41.30, EESA Reduction (Emergency)

   November 9, 2020, Restructuring of entire chapter and addition of noncommercial/commercial license types.

   April 27, 2021– Sections 41.05, 41,20, 41.25, 41.30, 41.40, 41.50

   April 26, 2022-Section 41.30(1)(B)

   May 17, 2023 – Section 41.05, 41.10, 41,20, 41.25, 41.30, 41.40

   March 19, 2024 – Section 41.05. 41.06 (new), 41.20, 41.25, 41.30, 41.40

   April 22, 2025 – Section 41.05, 41.25, 41.30, 41.40

   APAO ACCESSIBILITY CHECK (Word):

   March 16, 2026

   AMENDED:

   March 17, 2026 - Section 41.30 – filing 2026-065