Returning herring and adjacent run closures net increased protection

While Harwich closes its run due to drought damage, Brewster cracks down after poaching threatens the future of the Stony Brook run

This year wardens will monitor people at the run. Only 15 fish (last year it was 24) may be taken by permit holders each week. The run will be closed Sunday through Tuesday, and open Wednesday to Friday from sunrise to sunset, and on Saturday from sunrise to 9 a.m.

BREWSTER, MA - (4/6/04) Gray clouds scuttled overhead, and a cold wind off Cape Cod Bay scattered a few snowflakes through the air. But none of those winter-like signs stopped the arrival of the determined herring, the long-awaited harbinger of real springtime for many Cape Codders.

At the picturesque and prolific Stony Brook herring run, "scouts" made their first appearance this weekend. Soon the brook will be overflowing with the silverly, thrashing fish, an annual rite of passage for herring and sure sign of spring for Cape Cod. Following close behind, in growing numbers, will be poachers. They will descend on the herring run at night, taking untold thousands of fish and threatening the continued existence of the herring run.

After chronic poaching problems last year, Brewster town officials are prepared to strictly enforce new herring regulations. "I never wanted to resort to this, but after last year, this is the only way to enforce it," said Dana Condit, chairman of the town's Alewife Committee, and one of the wardens who will patrol the run.

Early arrivals
Town officials expect more illegal fishing in part because the Harwich herring run has been closed completely in an effort to rebuild the run, diminished last year by the drought. At Stony Brook and elsewhere on Cape Cod where herring runs exist - almost every town has at least one run - only a handful of herring yesterday braved the cold, fresh waters tumbling down brooks and streams from upland spawning ponds. Phil Brady, director of the anadromous fish program for the state's Division of Marine Fisheries, said water temperatures will have to climb to the low 50s before any numbers of herring will show up in the runs. Cape pond water now is in the mid-40s, although there is considerable variation. .

Meanwhile, Brewster Police Chief James Ehrhart reviewed procedures for issuing non-criminal citations for people who violate the town herring regulations with the six new wardens. Fines range from $25 to $50. Ehrhart said police will check the run after dark. "We have told the wardens we will be helping out at night," he said. "Regulations will be clearly posted. Everyone should know. If they are there at 2 a.m., they know the regulations. That's why they there are there," he said of late-night poachers. People who are caught taking too many fish, taking fish on closed days or after hours, or otherwise harassing the fish, can face fines ranging from $5 to $50 per offense. Repeat offenders can also have licenses suspended for up to 30 days.

Charges possible
In addition, the state's Environmental Police may become involved in more serious breaches, especially when large quantities of herring are involved, or when other state laws are violated, such as when herring are sold, which is against the law. That can lead to more serious charges, and the potential for much more serious penalties on conviction, Environmental Police Capt. Kathleen Dolan said. But Brewster officials are most interested in proper management of the popular run. It's a favorite springtime spot for residents and visitors, who flock to watch the herring swim against the current, wiggling up small waterfalls on their annual return to ponds where they were born. That is where the mature herring will spawn, creating another generation of herring.

The run is a natural attraction for children, who in the past have been allowed to catch a herring or two in a butterfly net or their hands, moving the fish from one pool to another, helping it along. But the reality is such activities almost always result in the death of the fish, already over-stressed on its return journey. Borek said children armed with nets will not be allowed on the run this year. "We will now allow children to play with the herring. They are not toys," said Condit.

"How do you make people come to realize that? Things have got to change," he said. And they have. This year wardens will monitor people at the run. Only 15 fish (last year it was 24) may be taken by permit holders each week. The run will be closed Sunday through Tuesday, and open Wednesday to Friday from sunrise to sunset, and on Saturday from sunrise to 9 a.m. (Published: April 6, 2004)