§ 13-0333. Menhaden; prohibited acts.

Menhaden (Brevoortia tyrannus) from which oil or meal is made, subject
to the provisions of section 13-0343, may not be taken from the waters
of the marine district with a purse seine; provided however, that the
department shall have the authority to issue a temporary order allowing
the use of purse seines for taking menhaden, pursuant to temporary
permits, if the department determines that there is an imminent risk of
a fish kill resulting from the presence of unusually large amounts of
menhaden in waters of the marine and coastal district in or adjacent to
waterbody segments that are characteristic of locations likely to
experience fish kills or that have a history of hypoxia. Prior to
issuing such temporary order, the department shall first consider other
fishing methods authorized under this chapter, including but not limited
to beach seines, and shall only issue a temporary order if the
department determines that such other fishing methods will not
sufficiently mitigate the conditions precipitating the potential fish
kill. Such order shall include the department's justification for the
use of purse seines, time, geography, and poundage specifications, and
any other conditions that the department deems appropriate and shall be
posted on the department's website. Following the adoption of such an
order, the department may issue temporary permits, not to exceed
fourteen days and subject to the conditions of the department's
temporary order, allowing for the harvest of menhaden.