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Atlantic Herring Fishery Disaster Relief Program

The U.S. Secretary of Commerce, working with NOAA Fisheries, determined that the Atlantic herring fishery is eligible for disaster relief assistance based on the 2019 fishing year. MA DMF distributed approximately $3.1 million to eligible Massachusetts herring fishery participants impacted by this disaster declaration.

Updates:  This relief program is now closed. All applications have been reviewed and qualified. Applicants can check the Atlantic Herring Fishery Disaster Relief Application Status to see the status of their application and the date of EFT payment for eligible recipients.

In 2020 several Northeastern states, including Massachusetts, made a request to the U.S. Secretary of Commerce that a fishery disaster occurred for the 2019 Atlantic herring fishery. The U.S. Secretary of Commerce worked with NOAA Fisheries to evaluate the fishery disaster requests based on data submitted and on whether specific requirements were met under the Magnuson-Stevens Fishery Conservation and Management Act and/or the Interjurisdictional Fisheries Act, such as causing economic impacts to a commercial fishery and declines in fishery access or available catch resulted from specific allowable causes. The result was a positive determination which made this fishery eligible for disaster assistance from NOAA Fisheries.

In 2021, the federal government provided $150 million in fisheries disaster assistance through the 2019 Additional Supplemental Appropriation for Disaster Relief Act (P.L. 116-20). In 2022, NOAA allocated $11,247,893 of these funds to respond to the impacts of the 2019 Atlantic herring fishery disaster in the northeast, of which Massachusetts was allocated $3,180,200 of these funds.

The Massachusetts Division of Marine Fisheries (MA DMF) distributed relief funds according to a NOAA-approved spending plan: Massachusetts Spending Plan for Impacts of the 2019 Atlantic Herring Fishery Disaster. This program allocated funds to two sectors as financial relief to help compensate for losses due to stock declines and quota reductions: Commercial fishing vessels and Wholesale Dealers (primary buyers). Allocation of available funds was 60% to eligible vessels (individuals or entities who are involved with the herring fishery and own a vessel) and 40% to eligible wholesale dealers. Allocated funds resulted in direct payments from MA DMF to eligible participants.

Table of Contents

Eligibility

Commercial Harvest Vessels: Individuals or entities who own a vessel(s) who have a current (2023) commercial permit in Massachusetts authorized to land sea herring with a sea herring endorsement and have a history of landings in Massachusetts during the five-year (2014-2018) time period as evidenced by official landings records held by MA DMF or the National Marine Fisheries Service (NMFS).

  • This criterion would accommodate Massachusetts homeported and/or resident-owned vessels as well as non-resident vessels.
  • Any vessel owner that no longer holds the state or federal herring permit (vessels that have left the fishery) will be excluded.
  • If ownership changed during the time period (2014-2018), the most recent owner would be the eligible recipient.

Wholesale Dealers: Wholesale seafood dealers who have a current (2023) Massachusetts wholesale seafood dealer permit.

  • Permitted wholesale seafood dealers that are also primary buyers of sea herring and have had a history of sea herring purchase during the five-year period (2014-2018) as evidenced by official landings records held by MA DMF or NMFS.
  • Any dealer that does not have a facility to process or store fish in Massachusetts will be excluded.

Application for relief funds

MA DMF mailed out applications on April 14, 2023, to all potential applicants meeting the eligibility requirements described above. The application had contact and qualification information unique to the permit holder. Applications or appeals postmarked or emailed after May 12, 2023, were not considered for relief.

Appeals for technical corrections were allowed and reviewed, however, any landings data records previously signed by the applicant or their designee (under the pains of perjury) were considered official. Appeals from pair trawling vessels were allowed if one of the vessels involved in pair trawling did not have its landings attributed to it and if those landings were attributed to the second vessel which is not eligible for funds.

Payments

Massachusetts allocated approximately 60% of the total Massachusetts allocation to commercial harvest vessels meeting eligibility requirements, and the remaining 40% was directed to wholesale dealers meeting eligibility requirements. 

Commercial Harvest Vessels: Payments to eligible recipients were scaled based on the applicants’ aggregate reported Atlantic herring landings in Massachusetts ports as evidenced by official landings records held by MA DMF or NMFS during the five-year (2014-2018) time period.

  • Any applicant whose payment did not reach a threshold of $1,000 was excluded.
  • Any vessel owner that no longer holds the federal or state herring permit (vessels that have left the fishery) was excluded.

Wholesale Dealers: Payments to eligible recipients were scaled based on the applicants’ aggregate reported Atlantic herring purchases as a primary buyer in Massachusetts ports as evidenced by official landings records held by MA DMF or NMFS during the five-year (2014-2018) time period.

MA DMF had each eligible recipient complete a W9 and EFT form in order to receive an EFT payment from the state.

Please be advised that 1099 forms will be issued to all recipients of Herring Disaster Relief payments. Recipients are responsible for the tax consequences of all income received, irrespective of whether a 1099 is issued. Please consult with your tax preparer if you have any questions regarding the taxability of these payments.

Contact   for Atlantic Herring Fishery Disaster Relief Program

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