Code Me. R. — Department of Marine Resources | Code of Maine Rules — Department of Marine Resources

13-188 Marine Resources - General

Chapter 1 Watercraft Excise Tax Decal

Code Me. R. 13-188 Ch. 1 Watercraft Excise Tax Decal {#sec-13-188-ch.-1 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 1}

TITLE INDEX

1.02 Definitions

1.03 Placement of Excise Tax Decal

1.04 Rules Governing the Inspection of Watercraft by a Marine Patrol Officer

1.02 Definitions

The definitions set forth in 36 M.R.S. Chapter 112 shall apply to the terms used in this chapter.

1.03 Placement of Excise Tax Decal

On watercraft documented under the laws of the United States and not registered pursuant to 12 M.R.S. §13056, the excise tax decal shall be displayed on the wheelhouse or forward topsides so that the decal is visible clearly to observers of the port and starboard sides of the watercraft.

On watercraft more than twenty (20) feet in length that are not registered under 12 M.R.S. §13056 and not documented under the laws of the United States, the excise tax decal shall be displayed on both sides of the bow so as to be visible clearly to observers.

1.04 Rules Governing the Inspection of Watercraft by a Marine Patrol Officer

Safety requirements for watercraft

All watercraft shall meet the requirements specified in 12 M.R.S. §935, as amended, and the U.S. Federal Boating Safety Act of 1971 (46 U.S.C.A. §1451, et seq ., as amended).

At the time the Marine Patrol Officer arrives within the vicinity of the stopped watercraft, the Marine Patrol Officer will make his intentions known to the operator and/or occupants of the watercraft.

A Marine Patrol Officer may inspect the documents, licenses and permits of the watercraft and conduct an inspection of the watercraft to determine compliance with the state and federal safety requirements designated above.

The Marine Patrol Officer will notify the Commissioner of Marine Resources in writing of any person or persons who fail to submit for inspection under 12 M.R.S. §6133(1).

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §§6133, 13056
EFFECTIVE DATE: April 7, 1984
AMENDED: January 18, 1989 – Section 1.04
EFFECTIVE DATE (ELECTRONIC CONVERSION): February 24, 1997
NONSUBSTANTIVE CORRECTIONS: February 24, 2000 - converted to MS Word
AMENDED: December 21, 2009 – Sections 1.01, 1.02, 1.03, 1.04 – filing 2009-664
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 2 Aquaculture Lease Regulations

Code Me. R. 13-188 Ch. 2 Aquaculture Regulations {#sec-13-188-ch.-2 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 2}

TITLE INDEX

2.05 Definitions

2.07 Pre-Application Requirements for Standard and Experimental Leases

2.08 Application Procedures for Standard Leases

2.10 Application Requirements for Standard Leases

2.12 Multiple Ownership

2.15 Notice of Lease Application and Hearing

2.20 Intervention

2.27 Department Site Review

2.29 Prehearing Conference

2.30 Aquaculture Lease Hearing Procedures

2.31 Evidence

2.35 Hearing Officer Report

2.37 Decision

2.40 Lease Issuance

2.41 Competing Aquaculture Lease Applications

2.43 Lease Rent

2.44 Lease Amendments

2.45 Lease Renewal

2.60 Lease Transfer

2.61 Lease Expansion

2.64 Experimental Aquaculture Lease Application Procedures

2.65 Experimental Aquaculture Lease Application Requirements

2.66 Emergency Aquaculture Lease for Shellfish

2.75 Minimum Lease Maintenance Standards

2.80 Marking Procedures for Aquaculture Leases

2.90 Limited-Purpose Aquaculture (LPA) License

2.92 Aquaculture Lease Site Workers Operating Under the Authority of an Aquaculture License Holder (12 M.R.S.A. §6810-B)

2.95 Water Quality Classifications and Shellfish Aquaculture

2.05 Definitions

The definitions set forth in 12 M.R.S.A. §6072 shall apply to the terms used in this chapter.

Aquaculture. "Aquaculture" means the culture or husbandry of marine organisms by any person. In order to qualify as aquaculture, a project must involve affirmative action by the individual to improve the growth rate, survivability or quality of the marine organism. These activities do not include impounding lobsters, wet storage or activities conducted under the authority of municipal shellfish conservation programs in accordance with 12 M.R.S.A. §6671(3)(A)(3).

Culture or Husbandry. "Culture or husbandry" means the production, development or improvement of a marine organism.

Riparian owner. For the purposes of complying with any notice requirements under 12 M.R.S.A. §§6072, 6072-A, 6072-B, to the extent a notice radius is not provided in statute, "riparian owner" means a shorefront property owner whose property boundaries are within 1000 feet of the proposed lease boundaries.

Existing or Potential uses. “Existing or potential uses” means all water-related activities and resources including, but not limited to, commercial and recreation fisheries, marine transportation, aquaculture and boating.

Adverse effects. "Adverse effects" means impediments to water-related activities or unreasonable interference with natural processes supporting those activities. This includes, but is not limited to, floating or submerged obstruction, habitat destruction, natural flora and fauna displacement, current flow alteration, and lowered water quality.

Structure. “Structure” means anything that is constructed or erected with a fixed location, or attached to anything with a fixed location, on intertidal or subtidal lands.

Discharge. “Discharge” means, for the purpose of this Chapter only, any spilling, leaking, pumping, pouring, emptying, dumping, disposing or other addition of any pollutant including, but not limited to, the addition of feed, therapeutants or pesticides to waters of the State.

Scientific research. “Scientific research” is a study or investigation intended to lead to new discoveries or advances within its field or to impact on the progress in that field, as determined by the Department. In making its decision, the Department shall consider the nature, funding and objective of the planned research, and the disposition of organisms used in research. The results of any scientific research shall be part of the public record.

Commercial research and development. “Commercial research and development” means a study by any person or company designed to try new species, new growing or harvesting techniques, new sites or to determine the commercial viability of an operation. The results of such research will not be part of the public record.

LPA license Health Areas. "Limited-purpose aquaculture (LPA) license Health Areas" means the territorial waters described as follows:

Area 1: Downeast and Canada border

Eastern Line – Head of tide on the St. Croix River and International Boundary Line Canada and the U.S. (Maine).

Western Line – from West Quoddy Head Lighthouse extending bearing 40° magnetic to the International Boundary Line Canada and the U.S. (Maine).

Area 2: West of Quoddy Head to Schoodic Point

Eastern Line – West Quoddy Head Lighthouse extending bearing 40° magnetic to the International Boundary Line Canada and the U.S. (Maine).

Western Line – from Schoodic Point due South (True) to the boundary of Maine’s territorial waters.

Area 3: Schoodic Point to the Maine - New Hampshire border

Eastern Line – from Schoodic Point due South (True) to the boundary of Maine’s territorial waters.

Western Line – the Maine and New Hampshire border.

Area 4: Damariscotta River

Head of tide to a line drawn from Emerson Point, at the southernmost tip of Ocean Point in the town of Boothbay, easterly to Thrumcap Island, then northerly to the southern tip of Rutherford Island, South Bristol.

Area 5: Casco Bay

Eastern Line – Small Pt. due South Magnetic to the boundary of the territorial waters.

Western Line – A straight line from Active Lt. 2 Lt’s. Cape Elizabeth to C "1" East Hue & Cry (43° 31.9N) (70° 08.8W); then proceed WSW to the boundary of the territorial waters.

Fallow. “Fallow” means a lease site without cultured organisms.

Mean low-water. “Mean low-water” means the average low tide. An approximation of mean low-water is made by observing the low-water mark when the tide height is at 0.0 feet as indicated on a tide table.

Operational plan for leases and limited purpose aquaculture licenses. “Operational plan” means a written document outlining how a lease or license operator will utilize the authorized aquaculture site and structures and handle product to, on and from the site. The completed lease or license application, final lease or license decision, executed lease agreement, and any Department authorized amendments thereto, may be used as an operational plan. If a lease operator elects to develop a written operational plan it must comply with the completed lease or license application, final lease, or license decision, executed lease agreement, and any Department authorized amendments.

Pending. “Pending” means an application in process, from the date of receipt until final agency action, or until the application has been terminated or withdrawn.

Ownership interest. For the purposes of 12 M.R.S.A. §6072-C(2-B)(A), “ownership interest” means that the license holder has a 50% or greater ownership interest in the entity, including as a shareholder in a corporation, that holds or has applied for a lease pursuant to section 6072, 6072-A, or 6072-B. In cases where multiple license holders have an ownership interest in the entity, including as a shareholder in a corporation, such that no license holder has a 50% or greater ownership in the entity including as shareholder then only one license holder shall claim an “ownership interest” exception.

2.07 Pre-Application Requirements for Standard and Experimental Leases

Pre-Application meeting. Prior to submitting a standard or experimental lease application to DMR, the applicant must attend a pre-application meeting with DMR staff and DMR shall invite the harbormaster(s) and/or a municipal officer or other designee(s) of the municipality(ies) in which the proposed lease is located to participate in the meeting.

The applicant must contact DMR to request a pre-application meeting. After a request is received, DMR will send the applicant a form to complete that requests information about the proposed site including but not limited to the location of the proposed site, acreage, species and culture techniques. If a completed form is not returned to DMR within 30 days of the form being sent to the applicant, then the request for a pre-application meeting is considered withdrawn.

The purpose of the meeting shall be for the applicant to explain their proposal to the municipality and for the municipality to provide feedback on the proposal as it relates to the lease decision criteria. DMR staff may provide information and answer questions about the leasing process as necessary.

2.08 Application Procedures for Standard Leases

Draft application submission. An applicant must file a draft lease application, and must make a reasonable effort to provide all required information as outlined in Chapter 2.10. The nonrefundable draft application fee is $500.

If additional information is required, the Department will respond requesting further information within 30 days of receipt of the draft lease application.

If a draft application is not submitted within 4 months following the pre-application meeting, the applicant must complete the pre-application meeting requirement as outlined in Chapter 2.07 again prior to filing a draft application. The Commissioner may provide an exemption from this requirement for no more than 9 months following of the pre-application meeting for good cause shown.

Scoping session. Within 4 months of submission of the draft application, the applicant shall hold a scoping session in the municipality in which the proposed standard lease is predominantly located. The applicant is required to attend the scoping session. The purpose of a scoping session shall be to:

Familiarize the general public with the proposal;

Allow the public an opportunity to provide the applicant with additional local information to inform development of the application; and

To allow the public an opportunity to ask questions of the applicant.

Notice. The Department shall provide written notice of the scoping session to riparian landowners within 1,000 feet of the proposed lease and to the municipality in which the proposed lease would be located. The applicant shall publish a notice in a newspaper of general circulation in the area of the proposed lease at least ten days prior to the scoping session.

Location of pending application. During the 6 months following the scoping session, or until a completed application is received by the Department from the applicant for the location noticed in the scoping session, whichever is earlier, the Department cannot accept an application for a lease in the same location as a proposed lease discussed at the scoping session.

Final application. An applicant must submit a final lease application to the Department and must make a reasonable effort to provide all required information as outlined in Chapter 2.10. The final application fee is due at the time of submission.

The non-refundable application fees for discharge and no discharge leases are:

Discharge Leases: $1,500
Non-Discharge Leases: $1,000

If the location of the proposed lease identified in the final lease application materially differs from the location described in the notices for the scoping session the application may, at the Department’s discretion, be required to hold another scoping session addressing the revised location before the application is accepted.

Completeness determination. Within 30 days of receipt of a written final application, the Commissioner or their designee shall determine whether the application contains sufficient information in which a decision regarding the granting of the application may be made, and notify the applicant of the determination.

If the application is incomplete, it shall be returned to the applicant with a written explanation of the additional information required.

An application shall not be complete unless the non-refundable final application fee has been paid.

If an applicant has not submitted a complete application within 90 days of the date of the Department’s notice under Chapter 2.08(6)(A) the application shall be void.

Termination without hearing. If the Commissioner or their designee determines before a hearing has been scheduled that either that the application could not be granted on its face or the applicant lacks the necessary financial or technical capacity the applicant shall be notified in writing of that determination and no further Department action on the application is required. If a hearing has been scheduled and the Department's site review or other information reveals that one or more of the criteria for a lease approval are unlikely to be met the Department, in its discretion, may ask the applicant to withdraw the application or waive the hearing and, in the case of a hearing waiver, the Department will issue a written decision denying the application.

2.10 Application Requirements for Standard Leases

Required elements. In addition to requirements specified in 12 M.R.S.A. §6072(4), the following information is required for an application to be determined complete:

A description of the location of the proposed lease by corner coordinates or boundaries with coordinates for one starting point.

Siting restrictions:

A lease may not be located within the 300:1 dilution zone around a wastewater treatment facility unless only marine algae or seaweed shall be cultured on the site for purposes other than human consumption and applicants have provided satisfactory evidence to the Department that the site is for remediation purposes only, or there is a plan for destruction or compost.

A lease must be one contiguous tract except where:

A geographic feature, navigation corridor or existing uses of the area require that the lease area be divided into no more than two tracts and the distance between the tracts is no greater than one half mile; or

A two-tract lease is part of a site rotation or fallowing management scheme that is a component of a biosecurity plan approved by the Department, and the two tracts are proximate and of similar environmental characteristics as determined by the Department.

Environmental characterization and baseline

Non-discharge applications. Applications for leases with no discharge require the submission of an environmental characterization that shall include, but not be limited to, bottom characteristics, resident flora and fauna, tide levels, ice formation, and current speed and direction. Applicants may provide more than one site characterization, but one characterization must be conducted between April 1 and November 15, dates inclusive.

For non-discharge applications, the Department may waive the requirement for current speed and direction if the information is not necessary for applying the decision criteria or other requirements associated with the proposed lease. Examples of sites where this requirement may be waived include, but are not limited to, very shallow sites or areas of little or very limited current flow.

Discharge applications. Applicants that have submitted applications that involve a discharge into State waters must also conduct a Department approved environmental baseline to serve as a benchmark for monitoring the physical and ecological effects of farms on sediments, marine organisms and water quality of the site as a result of the operation.

Applicants may do more than one baseline, but one baseline must be conducted between April 1^st and November 15^th, dates inclusive.

Sediment & benthic characterization. The baseline must include a clear and decipherable video or still photography showing bottom characteristics as well as the written description.

A visual survey shall be conducted to document all representative bottom types within the proposed lease area (e.g. cobble, gravel, sand, mud, and submerged aquatic vegetation). The survey shall indicate generally whether the lease area is depositional or erosional. The survey shall be documented by video or still photography. If a site is too deep or deemed unsafe to be surveyed by SCUBA diver, then remote video or still photography documentation shall suffice. The results of the visual survey shall be summarized in writing and a copy of the documentation submitted with the application.

The applicant shall confirm the number and the extent of survey transects with the Department prior to conducting the visual survey, and the Department may reduce or increase the number of transects depending on site characteristics or other existing information. Under no circumstances shall the visual survey be waived.

In addition to the minimum diver survey and video or photographic documentation, the Department may require that the bottom substrate be characterized remotely through the use of seismic reflection surveys (side-scan) or a fish finder. A sufficient number of transects to characterize the entire area within the proposed lease must be taken.

Sediment cores must be taken to adequately sample representative bottom types. Each core’s location shall be accurately described. Sediment analysis shall report core depth, depth of any unconsolidated organic material, total organic carbon (cg / g or centigrams per gram) in percent and grain size distribution (%) from coarse gravel to clay size fractions. Sediment cores may be taken as a subsample of the benthic cores described below in subsection (iii).

Benthic samples shall be sieved through a 1.0 mm sieve and the infauna organisms enumerated and identified to the species or the lowest practical taxonomic level, whichever is higher. A general characterization of the community structure must be provided with the infauna data and sampling methods shall be described.

Water quality characterization. Water column quality shall be characterized on two separate occasions, one of which shall be conducted between August 15^th and September 15^th. Characterization of water temperature, dissolved oxygen concentrations and salinity shall encompass two tidal cycles in order to provide a representative description of conditions at the site. At least one profile shall be taken no later than 2 hours after sunrise. Current velocity and direction shall be conducted over at least a 16-hour period. Readings shall be at intervals of no less than 3 readings per hour.

On sites where water depth is 30 feet or less at mean low water, samples shall be taken at near surface and near bottom. On sites where water depth is greater than 30 feet at mean low water, samples shall be taken at near surface, the depth corresponding to the bottom of the nets, and near bottom.

Data shall be included in both summarized, or graphical format, and unsummarized format in the application.

Navigation use. A description of the observed commercial and recreational navigation uses of the proposed lease site, including type, volume, time, duration, location and direction of traffic.

Fishing use. A description of observed current commercial and recreational fishing occurring in the proposed lease tract and the immediate vicinity of the proposed lease site. The description should include type, duration and amount of activity.

Exclusive use. A description of the degree of exclusive use required by the project. This shall include a description of the use intended for the site by the applicant.

Riparian use. A description of observed riparian owner's current use of lease site for purposes of access to riparian owned land.

Financial capacity. Each applicant shall submit detailed cost estimates of the planned aquaculture activities, and a letter from a financial institution confirming the applicant has an account in good standing.

Technical capability. The applicant shall submit a résumé or other documentation as evidence of technical expertise and capability to accomplish the proposed project.

Equipment. The applicant shall submit detailed specifications on all gear, including nets, pens and feeding equipment to be used on the site. Documentation shall include both plan and cross-sectional views of the generalized layout of the equipment. Vessels that service a site are not subject to this provision.

Vessel use. The application shall also include information on the anticipated typical number and type of vessels that will service the proposed site, including the frequency and duration of vessel traffic.

Oil spill prevention and control plan. For applications where petroleum products are to be stored on the proposed site, a spill prevention and control plan shall be provided with the application. The plan should be specific to the site, but should include:

Procedures or control measures at the site to prevent oil spills; and
Measures to contain, cleanup, and mitigate the effects of an oil spill that has impacted navigable waters or adjoining shorelines.

Violation history. The applicant(s) shall identify if they have been convicted of or adjudicated to be responsible for any violation of marine resources or environmental protection law, whether state or federal.

Riparian permission. The written permission of riparian owners for use of any intertidal lands that they own that will be used.

2.12 Multiple Ownership

Corporate applicants. Corporate applicants for aquaculture lease(s) shall include the following information in their application:

The date and state in which incorporated and a copy of the Articles of Incorporation;

The names, addresses and titles of all officers;

The names and addresses of all directors;

Whether the corporation, or any stockholder, director or officer has applied for an aquaculture lease for Maine lands in the past, and the outcome or current status of that application or lease;

The names and addresses of all stockholders who own or control at least 5% of the outstanding stock and the percentage of outstanding stock currently owned or controlled by each such stockholder;

The names and addresses of stockholders, directors or officers owning an interest, either directly or beneficially, in any other Maine aquaculture leases, as well as the quantity of acreage from existing aquaculture leases attributed to each such person under paragraph C below; and

Whether the corporation or any officer, director or shareholder listed pursuant to Chapter 2.12(1)(E) has ever been convicted of or adjudicated to be responsible for any violation of any marine resources or environmental protection law, whether state or federal.

Partnership applicant. Partnership applicants for aquaculture lease(s) shall include the following information in their application:

The date and state in which the partnership was formed and a copy of either the Certificate of Limited Partnership or documentation of the formation of a General Partnership;

The names, addresses and ownership shares of all partners;

Whether the partnership or any partner has applied for an aquaculture lease for Maine lands in the past and the outcome or current status of that application or lease;

Whether the partnership or any partner owns an interest, either directly or beneficially, in any other Maine aquaculture leases as well as the quantity of acreage from existing aquaculture leases attributed to the partnership or partner under paragraph C below;

Whether the partnership or any partner has been convicted of or adjudicated to be responsible for any violation of marine resources or environmental protection law, whether state or federal.

Aquaculture lease acreage. No lease may be granted that results in a person being a tenant of any kind in leases covering an aggregate of more than 1,000 acres. For the purposes of calculating ownership of aquaculture lease acreage, the amount of acreage leased by a corporation or partnership will be attributed to the partnership or corporation and collaterally to shareholders in the corporation or partnership as individuals at a rate equal to the shareholders' ownership in the corporation or partnership.

2.15 Notice of Lease Application and Hearing

Notice of completed application. At the time that a final application is determined to be complete in accordance with Chapter 2.08(6), the Department shall make a copy of the completed application available to riparian owners within 1,000 feet of the proposed lease and to the municipality or municipalities, including the harbormaster if applicable, in which the proposed lease would be located.

Timing of public hearing. Hearings on applications will not be held until the Department has completed the required site review(s). Site review(s) shall be conducted at a time of year that the Department determines appropriate to adequately evaluate the proposed location.

Notice of public hearing. At least 30 days prior to the date of the public hearing, the Department shall provide notice of the hearing as required by 5 M.R.S.A. §9052 and by mail or email to the following persons:

By mail to known riparian owners as listed in the application;

The applicant; and

Any state agency the Department determines should be notified, including the Department of Environmental Protection when the application includes activities that have a discharge into the waters of the State, Department of Inland Fisheries and Wildlife, and the Department of Agriculture, Conservation and Forestry.

2.20 Intervention

Forms. The Commissioner shall on request supply application forms for intervenor status and require the submission of the following information:

The identity of intervenor applicant;

A description of the manner in which the intervenor applicant may be substantially and directly affected by the granting of a proposed lease. This description shall include information describing the intervenor applicant's existing use of the proposed lease area.

A description of intervenor applicant's objections, if any, to the proposed aquaculture lease.

Filing of applications. Any application for intervenor status must be filed in writing and received by the Department at least 15 days prior to the hearing. The Commissioner may waive the 15-day deadline for good cause shown.

Participation limited or denied. At least 5 days prior to the hearing, the Commissioner shall decide whether to allow or refuse intervenor applications. The Commissioner shall provide written notice of their decision to the intervenor applicant and all other parties to the proceeding.

Limited participation. The Commissioner may grant limited intervenor status to an intervenor applicant where the Commissioner determines that the applicant has a lesser interest than that necessary for full intervenor status but whose participation as a limited intervenor is warranted or would be helpful to the Commissioner in their decision making. The Commissioner may also grant limited intervenor status when the applicant has an interest in the proceeding and where the Commissioner determines that the applicant's interest or evidence to be offered would be repetitive or cumulative when viewed in the context of the interest represented or evidence to be offered by other intervenors. The Commissioner shall describe the manner in which a limited intervenor is permitted to participate in the adjudicatory process in written notification of the granting of such status.

Consolidation. The Commissioner may require the consolidation of two or more intervenors' testimony, evidence and questioning if they determines that it is necessary to avoid repetitive or cumulative evidence or questioning.

Correspondence of parties. Once admitted as an intervenor, whether full or limited, the intervenor applicant shall be considered a party to the proceeding. Each party shall provide copies of all correspondence with the Department to all other parties and will be notified of all communications between the Department and other parties to the aquaculture lease proceedings.

2.27 Department Site Review

On site inspection

An inspection of the proposed aquaculture site and the immediate surrounding area will be conducted by the Department. To help facilitate the site inspection, the Department may require an applicant to place visible markers which delineate the area proposed to be leased.

Information obtained on site will include but will not necessarily be limited to bottom composition, depth and features; typical flora and fauna; relative abundance of commercial and recreational species; evidence of fishing activity; distances to shore; and navigation channels and moorings.

Documented information. Site specific documented information which is available will be assembled and included in the Department report, including verification of the location of the proposed lease boundaries, distances to shore, navigational channels and moorings, tide, current, location of shellfish beds, observed fishing activity in and around the proposed site, and the location of any municipally, state, or federally owned beaches, parks, or docking facilities within 1,000’ of the proposed lease. The description and location of existing or proposed aquaculture lease sites within 1,000 feet of the proposed site will be included.

The Department shall determine whether or not to verify the applicant’s water quality information through its own measurements. If the applicant’s information is deemed to be adequate for review, then the water quality section of the report may be waived.

The Department shall conduct an adequate number of dives or remote video transects to substantiate benthic conditions and substrate characteristics as submitted by the applicant. The Department reserves the right to request additional information of the applicant in the event that the information in an application is found to be insufficient or inadequate for review.

If a proposed lease site is located in a jurisdiction that employs a harbormaster, the Department shall request information from the municipal harbormaster about designated or traditional storm anchorages, navigation, riparian ingress and egress, fishing or other uses of the area, ecologically significant flora and fauna, beaches, parks, and docking facilities in proximity to the proposed lease.

2.29 Prehearing Conference

The Commissioner may hold a prehearing conference if the complexity of the issues or other factors indicates that a prehearing conference would aid in the determination of issues raised by the application. The Commissioner may issue a procedural order which sets forth the procedure to be followed by the parties with regard to such issues as the pre-filing of testimony, the conduct of the hearing and the closure of the record.

2.30 Aquaculture Lease Hearing Procedures

General conduct. The hearing shall be conducted in accordance with the adjudicatory proceeding provisions of 5 M.R.S.A. Chapter 375. At any time prior to the hearing, the presiding officer may require that all or part of the testimony to be offered at the hearing be filed with the Department in written form at a prescribed time prior to the hearing. All persons offering testimony in written form must be present at the hearing and subject to cross-examination. This subsection shall not be construed to prevent oral testimony at a scheduled hearing by any member of the public who is not a party.

Continuance. All hearings conducted pursuant to these regulations may be continued by the presiding officer for reasonable cause and reconvened from time to time and place to place by the presiding officer. The presiding officer shall provide reasonable notice to the parties and the public of the time and place of such reconvened hearing.

2.31 Evidence

Documentary and real evidence

All documents, materials and objects offered and accepted as evidence shall be numbered or otherwise identified and included in the record. Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. The presiding officer may require any person offering documents or photographs as exhibits to submit a specified number of copies unless the document or photograph is determined to be unsuitable for reproduction.

All written testimony and documents, materials and objects submitted into evidence shall be made available during the course of the hearing for public examination.

The agency record shall be submitted as documentary evidence in the hearing record.

Objections. All objections to rulings of the presiding officer concerning evidence or procedure and the grounds therefore shall be timely stated during the course of the hearing. During the course of the hearing or after the close of the hearing, the Commissioner may determine that the ruling of the presiding officer was in error and order the hearing reopened or take any other action appropriate to correct the error.

Offer of proof. An offer may be made in connection with an objection to a ruling of the presiding officer excluding any testimony or question on cross-examination. Such offer of proof shall consist of a statement of the substance of the proffered evidence.

Public participation. Any person may participate in a hearing by offering testimony, and may submit questions to the parties through the presiding officer, within such limits and upon such terms and conditions as may be fixed by the presiding officer.

Testimony at hearings

Order of Presentation. Unless varied by the presiding officer, hearing testimony shall be offered in the following order:

Direct evidence by applicant and applicant's witnesses in support of the application.

Testimony by Department staff and consultants.

Testimony by members of federal, state and local agencies.

Direct evidence by intervenors supporting the application.

Direct evidence by intervenors opposing the application.

Testimony by members of the public.

Questions. At the conclusion of their testimony each witness may be questioned in the order described below. The presiding officer may require that questioning of witnesses be conducted only after the conclusion of testimony by an entire category of witnesses for the purposes of efficiency or clarity of record.

The presiding officer, Department legal counsel and Department staff may question witnesses at any time.

The applicant.

Federal, state and local agency representatives.

Intervenors.

At the discretion of the hearing officer, all other members of the public may have the opportunity to question witnesses directly or by oral or written questions through the presiding officer.

Conclusion of hearing

At the conclusion of the hearing the record shall be closed and no other evidence or testimony will be allowed into the record, except by stipulation of the parties or as specified by the presiding officer.

The Commissioner may re-open the hearing record after it has been closed to take additional evidence on specific issues where the Commissioner is not satisfied that they have all the information necessary to make a decision.

2.35 Hearing Officer Report

In the event that an aquaculture lease hearing is conducted by a hearing officer other than the Commissioner, the hearing officer may prepare a report, including proposed findings of fact, conclusions of law and, at the Commissioner's request, a recommended decision. A copy of the hearing officer's report shall be provided to each party by regular or electronic mail and each party shall have 10 days to file responses or exceptions to the report, beginning 3 days after the date of postmark or the date the electronic mail was sent.

In submitting responses and exceptions, parties may submit a petition to the hearing officer to correct mis-statements of fact in the report. The hearing officer may correct any mis-statements of fact in the report prior to submission of the report to the Commissioner.

The report shall be submitted to the Commissioner with the parties' responses and exceptions.

Nothing in this section shall prevent the Commissioner from reaching a decision based solely on the record, after review of the hearing tape or transcript and after review of the hearing record.

2.37 Decision

After review of the agency record, the Commissioner shall issue a written decision, complete with findings of fact and conclusions of law.

The Commissioner may grant an aquaculture lease if they are satisfied that the proposed project meets the conditions outlined by 12 M.R.S.A. §6072(7-A).

Standards: In making a decision the Commissioner shall consider the following with regard to each of the statutory criteria:

Riparian owners ingress and egress. The Commissioner shall examine whether the riparian owners can safely navigate to their shore. The Commissioner shall consider the type of shore involved and the type of vessel that can reasonably land on that shore. The Commissioner shall consider the type of structures proposed for the lease and their potential impact on the vessels which would need to maneuver around those structures.

Navigation. The Commissioner shall examine whether any lease activities requiring surface and or subsurface structures would unreasonably interfere with commercial or recreational navigation around the lease area. The Commissioner shall consider the current uses and different degrees of use of the navigational channels in the area in determining the impact of the lease operation. High tide "short cuts" shall not be considered navigational ways for the purposes of this section.

Fishing. The Commissioner shall examine whether the lease activities would unreasonably interfere with commercial or recreational fishing or other water-related uses of the area. This examination shall consider such factors as the number of individuals that participate in recreational or commercial fishing, the amount and type of fishing gear utilized, the number of actual fishing days, and the amount of fisheries resources harvested from the area.

Other aquaculture uses. The Commissioner shall consider any evidence submitted concerning other aquaculture uses of the area. The intensity and frequency of such uses as well as the degree of exclusivity required for each use shall be factors in the Commissioner's determination of whether any interference is unreasonable. The number, size, location, and type of other aquaculture leases shall be considered by the Commissioner.

Existing system support. The Commissioner shall consider the degree to which the use of the lease site will interfere with significant wildlife habitat and marine habitat or with the ability of the lease site and marine and upland areas to support ecologically significant flora and fauna. Such factors as the degree to which physical displacement of rooted or attached marine vegetation occurs, the amount of alteration of current flow, increased rates of sedimentation or sediment resuspension, and disruption of finfish migration shall be considered by the Commissioner in this determination.

Source of organisms to be cultured. The Commissioner shall include but not be limited to, consideration of the source’s biosecurity, sanitation, and applicable fish health practices.

Interference with public facilities. The Commissioner shall consider the degree to which the lease interferes with public use or enjoyment within 1,000 feet of a beach, park, docking facility or certain conserved lands owned by the Federal Government, the State Government or a municipal government. Conserved lands means land in which fee ownership has been acquired by the state, federal or municipal government in order to protect the important ecological, recreational, scenic, cultural or historic attributes of that property. In determining interference with the public use or enjoyment of conserved lands, the Commissioner shall consider the purpose(s) for which the land has been acquired.

Lighting

Applicability. These rules apply to all exterior lighting used on buildings, equipment, and vessels permanently moored or routinely used at all aquaculture facilities, with the exception of lighting for navigation, emergencies, and construction of a temporary nature.

Exterior lighting. All exterior lighting shall be mounted in cutoff fixtures. A cutoff fixture is one that projects no more than 2.5% of light above the horizontal plane of the light fixture’s lowest part. This does not include spotlights or floodlights, which are addressed below.

All exterior lighting shall be designed, located, installed, and directed in such a manner as to illuminate only the target area and to reduce glare.

Exterior lighting shall be no more than 250 watts per fixture, with the exception of required navigational lighting, spotlights and floodlights.

When harvest schedules, feed schedules, or other similar circumstances result in the need to work beyond daylight hours, spotlights or floodlights may be used to ensure safe working conditions and safe vessel operation. Such lighting shall be directed only at the work area to be illuminated, and must be the minimum needed for safe operations.

If used, all husbandry lighting shall be submersible and operated at all times below the water line, except during examination for maintenance and repair.

When necessary, security lighting may be used, but shall conform to the requirements for exterior lighting.

An applicant shall demonstrate that all reasonable measures will be taken to mitigate light impacts from the lease activities.

No provision in these rules is intended to restrict vessel lighting levels below what is necessary for safety or as is otherwise required by state or federal law.

Noise

Applicability. These rules apply to the routine operation of all aquaculture facilities, including harvesting, feeding, and tending equipment at leases authorized by the Department of Marine Resources, with the following exemptions:

Watercraft, harvest or transport barges, and maintenance equipment while underway;

The unamplified human voice and other sounds of natural origin;

Bells, whistles, or other navigational aids;

Emergency maintenance and repair of aquaculture equipment;

Warning signals and alarms; and

Events not reasonably within the control of the leaseholder.

Mitigation. All motorized equipment used during routine operation at an aquaculture facility must be designed or mitigated to reduce the sound level produced to the maximum extent practical.

Centralized feeding barges, or feeding distribution systems, shall be designed or mitigated to reduce noise by installing the most effective commercially available baffles at air intakes and outlets, mounting of all relevant equipment to minimize vibration between it and the hull, and using the most effective commercially available soundproofing insulation.

All fixed noise sources shall be directed away from any residences or areas of routine use on adjacent land.

An applicant shall demonstrate that all reasonable measures will be taken to mitigate noise impacts from the lease activities.

Visual Impact

Applicability. This rule applies to all equipment, buildings, and watercraft used at an aquaculture facility, excluding watercraft not permanently moored or routinely used at a lease location such as harvest or feed delivery vessels. Other equipment or vessels not moored within the boundaries of a lease, but routinely used or owned by the leaseholder are subject to these requirements.

Building profiles. The size, height, and mass of buildings and equipment used at aquaculture facilities shall be constructed so as to minimize the visual impact as viewed from the water.

Height limitations. All buildings, vessels, barges, and structures shall be no more than one story and no more than 20 feet in height from the water line. Height shall be measured from waterline to the top of the roof or highest fixed part of the structure or vessel. This height limitation excludes antennae, cranes, and other similar auxiliary equipment. Structures that exist as of April 1, 2018 are exempted from the height restriction for their useful lifetime.

Roof & siding materials. Roofing and siding materials shall not be reflective or glossy in appearance or composition.

Color. Equipment and structures shall be painted, or be of, a color that does not contrast with the surrounding area. Acceptable hues are grays, blacks, browns, blues, and greens that have a sufficiently low value, or darkness, so as to blend in with the surrounding area. Colors shall be flat, not reflective, in appearance.

The color of equipment, such as buoys, shall not compromise safe navigation or conflict with US Coast Guard Aids to Private Navigation standards.

Conditions. The Commissioner may establish conditions that govern the use of the leased area and limitations on the aquaculture activities, including but not limited as follows:

A harbormaster and/or a municipal officer or other designee of the municipality in which the proposed lease is predominantly located may recommend that the Commissioner establish conditions on a proposed lease in writing to the Department during the comment period. The Department shall consider any conditions recommended by the municipality, and the Department shall provide a written explanation to the municipality at the time a proposed decision is written if any of the requested conditions will not be included in the lease.

The Commissioner may grant the lease on a conditional basis until the lessee has acquired all the necessary federal, state and local permits.

The Commissioner may require that monitoring including testing be conducted on lease sites. Such monitoring shall: be conducted by the lease holder or the lease holder’s agent; be undertaken on a schedule to be determined by the Commissioner; and shall include the information designated by the Commissioner in the lease decision, which may include, but is not limited to, an analysis of water chemistry, phytoplankton, zooplankton, and fish larvae profiles. The results of such monitoring shall be summarized in a written report and submitted to the Department within 90 days of completion of each study.

The Commissioner may establish any reasonable requirements to mitigate interference, including but not limited to restrictions on:

Specific stocking limits, feeding requirements, husbandry techniques and harvesting methods;

The size and shape of gear, nets, or enclosures;

The deployment and placement of gear; and

The timing of various project operations.

Within 120 days after the hearing on an application, the Commissioner shall render a final decision.

The Commissioner's denial or approval of a lease application shall be considered final agency action for purposes of judicial review.

2.40 Lease Issuance

Prior to issuing a lease, the Department shall send a draft lease for review to the applicant. The lease holder shall be same as the applicant.

Applicant responsibilities. Prior to issuance of the lease, the applicant must complete the following requirements:

Establish an escrow account or secure a performance bond in the amount required by the Department in the draft lease. The bond shall be in the name of the executed lease holder. The amount is to be determined by the nature of the aquaculture activities proposed for the lease site as follows:

Category of aquaculture Lease:

No structure, no discharge $ 500.00

No structure, discharge $ 500.00

Structure, no discharge

Total combined area of all structures on lease:

≤400 square feet $ 1,500

400 square feet $ 5,000

Structure, discharge $ 25,000

A single performance bond for a structure, discharge lease may be held to meet lease obligations for up to no more than 5 individual leases retained by a leaseholder.

The Department may prorate the performance bond amount for a structure, no-discharge lease where structures are in excess of 2,000 square feet in order to increase the bonding requirement to satisfy the requirements of these rules.

Pay the rental fee due for the first year of the lease term.

Lease term and validity. The term of the lease shall run from the date of the Commissioner's decision but no aquaculture rights shall accrue in the lease area until the lease is signed.

Other licenses. The lease holder is responsible for obtaining any requisite licenses from the Department prior to beginning operations.

2.41 Competing Aquaculture Lease Applications

To qualify as a competing application under subsections 2 and 3, an application must be accepted by the Department prior to the publication of the first public notice of hearing to consider a previously filed lease application for identical or overlapping lease areas.

In the event the Department receives competing aquaculture lease applications for a lease site, the Department shall give preference in granting a lease as follows:

First to the Department;

Second, to the riparian owner of the intertidal zone within the leased site area;

Third, to fishermen who have traditionally fished in or near the proposed lease area; and

Fourth, to the riparian owner within 100 feet of the territorial waters proposed to be leased.

If the Department receives competing applications which are either in the same preference category as outlined in subsection 2, or which are not in any preference category, the applications shall be considered sequentially according to the date on which the final application was submitted pursuant to Chapter 2.08(5) of these regulations.

Except as described in Chapter 2.41(3) above, when the Department receives competing applications, it may schedule one hearing to consider the applications concurrently.

2.43 Lease Rent

Rent shall be payable hereunder as follows: one hundred dollars ($100) per acre, per year for all leases. All rent is payable on or before October 1^st of each year throughout the term of the lease.

2.44 Lease Amendments

The Commissioner shall not amend a lease in such a way that it materially alters the findings of the original decision, or would result in a change to the original lease conditions. Amendments may be requested only for leases issued under 12 M.R.S.A. §6072, or scientific leases issued under 12 M.R.S.A. §6072-A to add or remove species or gear type, or modify operations.

Requests for amending leases must be submitted on forms prescribed by the Commissioner. A fee of $200 is due at the time of application for the lease amendment.

Procedure. A lease amendment is not an adjudicatory proceeding. The Department shall send a notice of the proposed amendment to the owners of riparian land within 1,000 feet of the lease site, and the municipal officers of the municipality in which the lease is located, and interested parties. The Department may also publish notice on the Department website. The notice shall state that the riparians and municipal officers may provide comments to the Department on the proposed amendment within 14 days of the date of the notice.

Decision. The Commissioner may grant the lease amendment if it is determined that

1. The lease amendment does not violate any of the lease issuance criteria set forth in 12 M.R.S.A. §6072(7-A) and is consistent with the Commissioner’s findings on the underlying lease application in accordance with Chapter 2.37(1)(A); and
1. The lease amendment does not violate any of the conditions set forth in the original lease.

2.45 Lease Renewal

A lessee, on a form supplied by the Commissioner, may apply for Department approval of a lease renewal. A lessee must file with the Department an application to renew a lease at least 30 days prior to the lapse of the lease. The application shall include a nonrefundable application fee of $1,500.

The Commissioner shall grant a lease renewal if it meets the conditions established in 12 M.R.S.A §6072(12) and further defined below:

Consideration of speculative purposes includes whether the lessee has conducted substantially no research or aquaculture in the lease areas during the previous lease term;

Consideration of the best interest of the state may include, but shall not be limited to, conflict with other new or existing uses of the area which the Commissioner determines to be a higher use of the area from the perspective of the public interest; and

The Commissioner may not grant a lease renewal if the renewal will cause the lessee to become a tenant of any kind in leases covering an aggregate of more than 1000 acres.

2.60 Lease Transfer

Application. A lessee, on a form supplied by the Commissioner, may apply for Department approval of the transfer of their aquaculture lease to another person for the remaining portion of the lease term. The lessee must pay the transfer fee of $2,500 for non-discharge leases and $5,000 for discharge leases at the time application for the transfer is made. The Commissioner may waive the application fee if the applicant demonstrates that the transfer is to the applicant’s parent, spouse, sibling or child. Multiple transfers of one lease that have the effect of circumventing the application fee are not permitted.

Procedure. A lease transfer is not an adjudicatory proceeding. The Department shall send a notice of the proposed transfer to the owners of riparian land within 1,000 feet of the lease site, and the municipal officers of the municipality in which the lease is located. The Department shall also publish a notice in a newspaper of general circulation in the area of the lease. The notice shall state that the public, riparians, and municipal officers may provide comments to the Department on the proposed transfer within 30 days of the date of the notice.

Decision. The Commissioner may grant the lease transfer if it is determined that:

The change in lessee's identity does not violate any of the lease issuance criteria set forth in 12 M.R.S.A. §6072(7-A);

The lease transfer is not intended to circumvent the preference guidelines for treatment of competing applications as set forth in 12 M.R.S.A. §6072(8);

The lease transfer is not for speculative purposes. Consideration of speculative purposes includes whether the current lessee has conducted substantially no research or aquaculture in the lease areas during the previous lease term; and

The transfer will not cause the transferee to be a tenant of any kind in leases covering an aggregate of more than 1,000 acres.

2.61 Lease Expansion

Application. A lessee may apply for Department approval of a lease expansion on a form supplied by the Commissioner. A lessee is eligible to apply for an expansion 2 years from the date the lease was originally executed. If a lease contains multiple tracts, the expansion must be proportional to each tract. The dimensions of the proposed expansion must be reasonably based on the original lease dimensions.

Fee . An application for lease expansion shall not be considered until a nonrefundable application fee has been paid. The application fee for a lease expansion is $500 for non-discharge leases and $2000 for discharge leases.

Procedure. A lease expansion is not an adjudicatory proceeding.

1. After the Department has deemed the application complete, the applicant shall publish a notice of the proposed expansion in a newspaper of general circulation in the area of the lease.
1. The Department shall notify all riparian owners within 1,000 feet of the lease site, and the municipal officers of the municipality in which the lease is located or Bureau of Revenue Services, Unorganized Division for unorganized territory of the completed lease expansion application. The notice shall provide the riparians, and municipal officers with 30 days to provide written comments about the proposed expansion.
1. The Commissioner may require the applicant to conduct an environmental characterization of the proposed expansion. This characterization shall be done in accordance with Chapter 2.10(1)(B) at the Department’s direction. The applicant shall provide this characterization to the Department at the applicant’s expense. The environmental characterization shall be conducted at a time of year that the Department determines appropriate to adequately evaluate the proposed location.

Decision. The Commissioner may grant the lease expansion if it is determined that:

The lease expansion does not violate any of the lease issuance criteria set forth in 12 M.R.S.A. §6072(7-A) and is consistent with the Commissioner’s findings on the underlying lease application in accordance with Chapter 2.37(1)(A);

The lease expansion does not violate any of the conditions set forth in the original lease;

The lease expansion is not for speculative purposes. Consideration of speculative purposes includes whether the current lessee has conducted substantially no research or aquaculture in the lease areas during the previous lease term; and

The expansion will not cause the applicant to be a tenant of any kind in leases covering an aggregate of more than 1,000 acres.

2.64 Experimental Aquaculture Lease Application Procedures

Form. Experimental aquaculture lease applications must be submitted on forms prescribed by the Commissioner and must contain all information required by the Commissioner for consideration of the lease.

Fee . An application shall not be considered complete until a nonrefundable application fee has been paid. The application fee for a limited-purpose lease application shall be $750. A lease renewed for scientific research pursuant to 12 M.R.S.A. §6072-A is subject to the fee requirements in this section.

Completion. Upon receipt of a written application, the Department shall notify the applicant of its receipt. Within 30 days of receipt of a written application, the Commissioner shall determine whether the application is complete and contains sufficient information on which a decision regarding the granting of the application may be made. The Commissioner shall notify the applicant of the determination. If the application is incomplete, it shall be returned to the applicant with a written explanation of the additional information required in order to be deemed complete.

Notice of completed application. At the time that an application is determined complete in accordance with Chapter 2.65 the Department shall make a copy of the completed application available to the known riparian owners within 1,000 feet of the proposed lease and to officers of the municipality or municipalities in which the proposed lease would be located, or the proposed lease abuts, as listed on the application.

Restrictions on pending applications. An applicant may have no more than two pending experimental leases at any time. For purposes of this section, a pending limited-purpose lease includes any application for an aquaculture lease filed by an entity in which the applicant has a legal interest (such as a partner in a partnership, a shareholder in a corporation, or a member in a limited liability company).

[REPEALED]

Department site review. The Department shall inspect the proposed site and immediate areas to obtain or verify information such as: the location of proposed lease boundaries; the general characteristics of the area, including bottom composition, depth and features; typical flora and fauna; numbers or relative abundance of commercial and recreational species; evidence of fishing activity; distances to shore; navigation channels; moorings; locations of any municipally, state, or federally owned beaches, parks, or docking facilities within 1,000’ of the proposed lease site; and the description and location of existing or proposed aquaculture lease sites within 1,000 feet of the proposed site.

Harbormaster questionnaire. If a proposed lease site is located in a jurisdiction that employs a harbormaster, the Department shall request information from the municipal harbormaster about designated or traditional storm anchorages, navigation, riparian ingress and egress, fishing or other uses of the area, ecologically significant flora and fauna, beaches, parks, and docking facilities in proximity to the proposed lease.

Public scoping session. The Department may conduct an informal public scoping session on the lease application prior to the Department’s site work. The purpose of a public scoping session shall be to familiarize the general public with the content of the application, to allow the public an opportunity to ask questions of the applicant, and to provide the Department with information that can be used during field work or agency review of an application. The applicant is required to attend and participate in a public scoping session on their application when one is held.

Comment period. Any person may provide the Commissioner with written comments on the experimental lease application. At least 30 days prior to the deadline for comments, the riparian landowners listed in the application and the municipality or municipalities in which the proposed lease would be located shall receive notice of the complete application, a statement of the manner and time within which comments may be submitted to the Department and the process for requesting a public hearing. At least 30 days prior to the deadline for comments, the Department shall publish notice of the complete application in a newspaper of general circulation in the area proposed for an experimental lease. If no public hearing is to be held and the Commissioner requires clarification on a submitted comment from the person who submitted that comment, the Commissioner may in their discretion request that clarification from that person, and must provide the commenter with 30 days to submit the requested clarification. Information provided by the commenter at the request of the Commissioner within the deadline provided is part of the record.

Decision. The Commissioner shall issue a written decision within 60 days from the date the site report is issued or 120 days from the date of the public hearing, unless the applicant agrees to a longer time. The Commissioner may grant an experimental lease if they are satisfied that the proposed project meets the conditions contained in 12 M.R.S.A. §6072-A.

Standards. In making the decision, the Commissioner must consider all applicable criteria as established in Chapter 2.37(1)(A)(1-7), except that the Commissioner shall not consider the degree to which an experimental lease interferes with the use or enjoyment of conserved lands.

Conditions. The Commissioner may establish conditions in accordance with 12 M.R.S.A. §6072-A(15) and may establish any reasonable requirement to mitigate interference, including but not limited to those restrictions outlined in Chapter 2.37(1)(B). The Commissioner may require environmental monitoring of a lease site in accordance with Chapter 2.40(7).

Actions required of lease holder. After being granted an experimental lease, a lessee shall:

Establish an escrow account or secure a performance bond in the amount required by the Department in the lease. The amount is to be determined by the nature of the aquaculture activities proposed for the lease site as follows:

Category of aquaculture Lease:

No structure, no discharge None

No structure, discharge $ 500.00

Structure, no discharge

Total combined area of all structures on lease:

≤400 square feet $ 1,500

400 square feet $ 5,000

Structure, discharge $ 25,000

A single performance bond for a structure, discharge lease may be held to meet lease obligations for up to no more than 5 individual leases retained by a leaseholder.

Other licenses. The lease holder is responsible for obtaining any requisite licenses from the Department prior to beginning operations.

Lease rental fee. Lessees shall pay a lease rental fee as established in Chapter 2.43 of these Regulations.

Lease term and validity. The term of the lease shall begin within 12 months of the Commissioner’s decision, on a date chosen by the applicant. No aquaculture rights shall accrue in the lease area until the lease term begins and the lease agreement is signed.

2.65 Experimental Aquaculture Lease Application Requirements

The lease applicant’s name, address, home and business phone number of the applicant, and, if applicable, the location and Department number of any emergency lease which may be held on the area for which the experimental lease is being applied.

A description of the research or development study to be conducted on the site. The description must include: the purpose and design of the study; the type, amount and proposed source of organisms to be grown; a drawing of any structures that will be used; a description of the culture and harvesting techniques that will be used; and the expected length of the study. The description shall also indicate whether the research is for commercial research and development or for scientific purposes.

A description of existing uses of the proposed lease area, including commercial and recreational fishing activity, moorings, navigation and navigational channels, and use of the area by riparian landowners for ingress and egress. The description shall include the type, volume, time, duration, location and amount of activity. A signed statement from a Harbormaster or Marine Patrol Officer may be submitted to verify this information.

A general description of the area including major physical and biological features, including the flora and fauna of the area (i.e., type of bottom, presence of eelgrass beds, shellfish beds, etc.) as well as the general shoreline and upland characteristics (i.e., sand beach, rocky headland, saltmarsh), and ice formation.

In lieu of a written description, applicants may submit a clear and decipherable video (or a Department approved alternative) of the bottom of the proposed lease site and the surrounding shoreland using a transect methodology approved by the Department. Applications that involve a discharge must be filmed between April 1^st and November 15^th unless otherwise specified by the Department. Applications that do not involve a discharge maybe filmed at any time of year, unless otherwise specified by the Department.

Procedures and control measures at the site to prevent oil spills; and

measures to contain, cleanup, and mitigate the effects of an oil spill that has impacted navigable waters or adjoining shorelines.

An experimental lease must be one contiguous tract except where:

Submission of material used for an experimental lease application. An applicant who has an active emergency lease issued by the Department may use the relevant information in that application for satisfying the requirements of an experimental lease application, if the experimental lease is in the same location and of the same dimension as the emergency lease. If the Commissioner determines that the information is not sufficient for the purposes of granting an experimental lease, the applicant must submit additional information to fulfill the application requirements.

2.66 Emergency Aquaculture Lease for Shellfish

- 1. The Commissioner may grant an emergency aquaculture lease for shellfish pursuant to 12 M.R.S.A. §6072-B when the health and safety of those shellfish or those of the consumer are threatened and the Commissioner determines that the relocation of those shellfish will not threaten the water quality of the receiving waters or the health of marine organisms in those waters. The purpose of this section is to allow for the quick relocation of shellfish as the result of an unanticipated, natural phenomenon that is beyond the control of the lease holder. There are two types of emergency situations for which these provisions can be used: 1) a non-disease or an environmental emergency such as a major storm event or accident and 2) a pathogen or disease-related emergency. The applicant bears the burden of proof to demonstrate that the organisms to be relocated will not transmit pests, disease, pathogens or parasites to the new location and that the proposed lease meets all the standards set forth in these regulations.
- 1. Application requirements

Form. Emergency aquaculture lease applications must be submitted on forms prescribed by the Commissioner and must contain all information required by the Commissioner for consideration of the lease.

Fee. No filing fee is required for an emergency lease application.

Emergency relocation for non-disease and environmental emergencies.

Notification requirements. For non-disease and environmental emergencies only, the lessee can apply for a Letter of Permission when circumstances require immediate relocation of shellfish to ensure their health and safety or that of the consumer. The lessee must notify the Department in writing prior to the relocation of any shellfish. The written notification must include the lessee’s name, address, home and business phone number, the name and number of the lease site from which the shellfish will be moved, a location map showing the area to which the shellfish will be moved (U.S.G.S. topographic map, a nautical chart or other map of appropriate scale showing the area), and the number and size of the shellfish to be relocated.
Letter of permission. Within 48 hours of receipt of the written notification of a request for emergency relocation, the Department will either issue a Letter of Permission allowing for the temporary relocation of shellfish or issue a written denial of the request.
Submission of emergency lease application. Within 10 days of the receipt of the Letter of Permission, the applicant must submit a written application for an emergency lease. Failure to submit a written application within this timeframe will result in the revocation of the Letter of Permission. If the Letter of Permission is revoked, the shellfish must be returned to a legal lease site within 3 days of the revocation.
Terms for temporary approval. The Letter of Permission will remain in effect until the Department issues an emergency lease. If the Department denies the emergency lease request, the applicant must remove the shellfish within 3 days of the receipt of the decision.

Emergency lease application requirements:

The lessee's name, address, home and business phone number of applicant and the location of the existing lease from which organisms will be moved.

A description of the threat and need for the emergency relocation of the organisms.

A description of the proposed lease metes and bounds or coordinates, total acreage, a map of the lease area and its adjoining waters and shorelines, with the names and addresses of known riparian owners indicated on the map as listed in the municipal tax records .

A list of species and an estimate of the numbers of individuals to be relocated to the proposed lease site and their life cycle stage(s).

The date of proposed relocation, the anticipated duration of the relocation, and a description of how the organisms will be managed for the duration of the lease. Indicate the size, shape and orientation of structures that will be used.

A description of the degree or exclusive use required by the project.

A general description of the site including type of bottom, the presence of eelgrass, natural shellfish beds, saltmarsh and the general shoreline and upland characteristics.

A written statement from a local harbor master, or Marine Patrol Officer on the fishing activity, moorings and navigational channels in the area and the use of the area by riparian owners for ingress and egress.

The written permission of every owner of intertidal land in, on or over which the emergency aquaculture activity will occur.

For pathogen or disease-related emergencies, the applicant may also be required to submit a statement of examination by a state, federal, or Department approved private laboratory indicating its findings and certifying that the marine organisms to be relocated are free of any infectious or contagious disease agents, pathogens, pests, or parasites based on standard methods of diagnosis.

Completion. Upon receipt of a written application, the Commissioner shall determine whether the application is complete and contains sufficient information for making a decision on the application. If the application is incomplete, it shall be returned to the applicant with a written explanation of the additional information required in order to be complete.

- 1. Department site and project review. The Department may inspect the proposed site and immediate area to obtain information on but not limited to the general characteristics of the area, the commercial and recreational use of the area and evidence of fishing activity, moorings and navigational channels. The Department may seek advice with regards to shellfish diseases for consideration in the final decision.
- 1. Decision. After reviewing the application and any information obtained by the Department, the Commissioner shall issue a written decision. The Commissioner may grant a lease if they are satisfied that the proposed project meets the conditions contained in 12 M.R.S.A. §6072-B.

Standards. In making the decision, the Commissioner must consider the following:

The applicant’s status as a leaseholder pursuant to 12 M.R.S.A. §6072 or §6072-A.

The threat to the water quality of the receiving waters and to the health of marine organisms in those waters.

The reason and need for an emergency lease. The Commissioner shall consider the need for an emergency lease, whether the health and safety of shellfish at the leased area are threatened, whether the emergency may be managed effectively without relocating the shellfish, and whether the cause of the emergency was an unanticipated, natural phenomenon that was beyond the control of the leaseholder.

The Commissioner may consider the applicable criteria in Chapter 2.37(1)(A).

- 1. Limit on duration. An emergency aquaculture lease may only be issued for 6 months or less.
- 1. Public notice. Upon granting an emergency aquaculture lease, the Commissioner must provide notice to the municipality in which the emergency aquaculture lease is located. Within at least 30 days from granting an emergency aquaculture lease, the Commissioner shall:

Publish notice of the emergency aquaculture lease in a newspaper of general circulation in the lease area. The notice must describe the area leased and list any restrictions in the leased area;

Mail a notice to any state agency the Department determines should be notified.

- 1. Actions required of lease holder. After being granted an emergency aquaculture lease, a lessee shall establish an escrow account or secure a performance bond in the amount required by the Department in the lease. The amount is to be determined according to the schedule contained in Chapter 2.40. The site must also be marked in accordance with Chapter 2.80.
- 1. Revocation. The Commissioner may revoke the lease if they determine that the aquaculture project fails to meet the criteria contained in 12 M.R.S.A. §6072-B(1), 12 M.R.S.A §6072-B(2), and Chapter 2.66 of these regulations. The revocation of an emergency aquaculture lease is not an adjudicatory proceeding as established in 5 M.R.S.A. §8002(1).

2.75 Minimum Lease Maintenance Standards

The lessee shall mark the lease in a manner prescribed by Chapter 2.80 or the Commissioner in the lease.

The lessee shall ensure that all authorized structures must remain within the boundaries of the lease site.

The lessee shall maintain the site in such a manner as to avoid the creation of a public or private nuisance and to avoid substantial injury to marine organisms.

The lessee must collect and properly dispose of all errant gear, errant equipment, or errant solid waste from the lease site in a timely manner.

In order to prevent adverse impact to public health, the lessee shall make lawful efforts to ensure animal excrement does not accumulate on or near structures.

The lessee must properly contain and dispose of human waste generated during lease operations.

The lessee must maintain and follow their operational plan as defined in Chapter 2.05(13). These documents must be produced upon request by the Department.

The lessee must maintain an escrow account or performance bond and pay rental fees in a timely manner.

2.80 Marking Procedures for Aquaculture Leases

Except for a lease site that has received a Private Aid to Navigation permit from the United States Coast Guard, aquaculture leases shall be marked with yellow floating devices, such as buoys, which display the lease acronym assigned by the Department and the words SEA FARM in letters of at least 2 inches in height in colors contrasting to the background color of the device. The yellow floating devices shall be displayed at each corner of the lease area that is occupied or at the outermost corners. The yellow floating devices shall be readily distinguishable from interior buoys and aquaculture gear and shall host reflective material. In cases where the boundary line exceeds 200 yards, additional devices shall be displayed so as to clearly show the boundary line of the lease. In situations where the topography or distance of the lease boundary interrupts the line of sight from one marker to the next, additional marked floating devices shall be displayed so as to maintain a continuous line of sight.

Sites that have received a Private Aid to Navigation permit from the United States Coast Guard must have the lease acronym assigned by the Department and the words SEA FARM clearly displayed on the site.

When such marking requirements are unnecessary or impractical in certain lease locations, such as upwellers located within marina slips, the Commissioner may set forth alternative marking requirements in an individual lease.

2.90 Limited-Purpose Aquaculture (LPA) License

LPA license

No person may engage in the activities described in 2.90 and 12 M.R.S.A. §6072-C without a current LPA license issued by the Department of Marine Resources (DMR) in accordance with these regulations. An LPA license may be issued only to an individual or to a municipal shellfish management committee established pursuant to 12 MRSA §6671. An LPA issued to a municipal shellfish management committee may not authorize the committee to conduct activities that are outside the scope of that committee’s shellfish ordinance. The Department shall make application forms available. LPA licenses expire at the end of each calendar year. No more than four (4) licenses may be held by any licensee at the same time. LPA licenses are non-transferable.

Density standard. There can be no more than three (3) LPA licensed sites within a 1,000-foot radius of any other existing LPA licensed site. This standard does not require a minimum separation between individual licenses; rather it is a density of licenses within any area of a 1,000’ radius. See Figure 1 below for four examples of this standard where a license site is encircled by a radius of 1,000 feet.

Figure 1. Density illustration for acceptable LPA license distribution

Exemption for riparian landowners. LPA licenses held by riparian property owners that are used to place authorized gear as listed in 2.90(2)(F)(2), within 150’ of the riparian’s property at mean low water and perpendicular to the property boundaries, are exempt from this density standard. Riparian landowners are responsible for demonstrating this requirement has been met. Requests for this exemption must be indicated on the application and are limited to one exemption per riparian property. The presence of a riparian landowner LPA does not count toward the density standard.

Exemption for certain sites. LPA licenses for gear installed within marina slips, lobster pounds, or similar enclosed or partially-enclosed sites in the coastal waters that are under the ownership or control of an entity which has the legal authority to restrict access to or use of the site and which has consented in writing to the placement of the gear on the site are exempt from this density standard.

Up to three (3) assistants per license may be declared as helpers. An individual may be listed as an assistant on no more than eight (8) LPAs, other than their own. If the LPA license holder represents an educational institution, students are authorized to work under the direct supervision of the license holder who signed the application, as well as any listed helpers. If the holder of the LPA license is a municipal shellfish management committee, there is no limit to the number of individuals that may be declared as helpers.

When a proposed LPA license site falls within the bounds of a pending aquaculture lease application, the Department may, in its discretion, postpone the decision on that LPA license application until after the final decision on the pending application has been made.

Application requirements

Species. Applications must indicate the common and scientific names of the species to be cultivated under the license in accordance with 2.90(4).

Sources. Applications must identify the source of the stock or seed to be cultivated or grown for each species, and for DMR approved hatcheries or facilities list the current name, address and phone number of the source for each species listed under 2.90(2)(A).

DMR approved hatcheries or facilities are the only permitted sources for hard clam/quahog ( Mercenaria mercenaria ), Atlantic surf clam ( Spisula solidissima ), Arctic surf clam ( Mactromeris polynyma ), soft shelled clam ( Mya arenaria ), razor clam ( Ensis directus) , European oyster (Ostrea edulis), and bay scallops ( Argopecten irradians ). An LPA applied for by a municipal shellfish program established pursuant to 12 M.R.S.A. §6671 is exempt from these provisions provided the species proposed is in the municipal shellfish ordinance and transplant permits are obtained pursuant to Chapter 7.

Green sea urchin ( Strongylocentrotus droebachiensis ), blue mussels ( Mytilus edulis ), sea scallops ( Placopecten magellanicus) , American or eastern oyster ( Crassostrea virginica ), and marine algae (all seaweed such as reds, greens, browns or kelps) must be sourced from either a DMR approved hatchery or facility or from within the same Health Area as the LPA site. In accordance with Chapter 24, American or eastern oyster ( Crassostrea virginica ) shall not be sourced from a restricted area.

Any stock or seed obtained from wild sources must be taken in accordance with applicable season or size limits, or other limitations on take. The application must identify by full name (first, last, and middle initial) and license number, the individual authorized to collect the respective species from the wild.

All sources of hatchery supplied seed or stock must be from hatcheries or facilities approved by DMR.

All stock or seed used for cultivation or grow-out that have been exposed to waters outside of an approved hatchery must originate from within the same Health Area defined under 2.05 (10) as the LPA site.

Site location

The application must provide geodetic coordinates, the coordinate source (nautical chart number, the edition and its date or software name) and the datum of the coordinate source, for the center of the longest axis of the license site, and identify the directional orientation of the longest axis. The license site must be accurately depicted on a portion of a US Geologic Survey Topographic map or nautical chart.

The application must provide a brief description of the license site, including growing area and classification, bottom characteristics of the license area and whether there are eelgrass beds present in proximity to the site.

The application must include a description of current commercial and recreational fishing and other uses of the proposed license area and the immediate vicinity of the proposed license area. The description should include type, duration and amount of activity.

The application must include a copy of the municipal tax map for the area in the vicinity of the license site. On the map, the applicant must indicate the actual scale of the copy of the map, the location of the proposed site, and a circle drawn to scale depicting a 300-foot radius from the site. The application must also include a list of the names and current mailing addresses of the riparian owners of shorefront property within 300 feet of the site, certified by the municipal clerk or by the Bureau of Revenue Services, Unorganized Division, for unorganized territory. If the license site is located in a marina slip or lobster pound or similar site as described in 2.90(1)(B), the owner or controlling entity of which has consented in writing to the placement of the gear, the map and list are not required.

Required signatures. The application form shall require the following signatures:

Applicant. The individual applicant’s signature, including printed name and date, which shall verify that the application does not contain false information and that the applicant will comply with all applicable laws and regulations is required. When the applicant is a municipal shellfish management program, the chairperson of the shellfish committee or a designated municipal officer shall sign the application on its behalf, and a primary point of contact shall be provided including name, address, email address and phone number. When the applicant represents an educational institution, an administrator shall sign the application on its behalf.

Municipality. Harbormaster’s signature, which shall verify that it is the harbormaster’s opinion that the license activities will not unreasonably impede safe navigation, will not unreasonably interfere with fishing or other uses of the area, and will not unreasonably interfere with riparian ingress and egress.

In municipalities not served by a harbormaster, a municipal officer or other elected municipal official may sign the application. For the unorganized territory where a harbormaster does not have jurisdiction, a marine patrol officer may sign.

The opinion of the harbormaster, municipal officer or official, or marine patrol officer that the license activities will not unreasonably impede safe navigation, will not unreasonably interfere with fishing or other uses of the area, and will not unreasonably interfere with riparian ingress and egress, shall not be determinative, but may be considered by the Department as a factor in deciding whether the criteria for the issuance of an LPA license have been met.

Intertidal sites

Municipal Shellfish Management Committee. If the proposed location is above the extreme low water mark in a municipality with a municipal shellfish management program established pursuant to 12 M.R.S.A §6671, the signature of the chairperson of the municipal shellfish management committee or a designated town officer, which shall verify that the proposed LPA will not unreasonably interfere with the activities of the municipal shellfish management program, is required. If the municipality does not have a shellfish management committee, then a municipal official shall sign to verify that the proposed LPA will not unreasonably interfere with the activities of the municipal shellfish management program.

Riparian landowner. For license sites located above the mean low-water mark, the signature of the riparian landowner, which shall verify that the landowner consents to the licensed activity being conducted on the intertidal land, is required.

Signature missing or withheld. The absence of any required signature will result in the denial of the application. At the request of the applicant the Department may review the basis for the denial of a required signature, except for signature required under 2.90(D)(3)(2). The Department may, following such review and upon a determination that the signature was withheld without basis, approve a license application. Such a determination must take into consideration a review by the local marine patrol officer of the application and a statement from the marine patrol officer that the license activities will not unreasonably impede safe navigation, will not unreasonably interfere with fishing or other uses of the area, and will not unreasonably interfere with riparian ingress and egress.

Notification of riparian property owners & municipalities

The applicant shall notify all riparian owners within 300 feet of the LPA site by sending, by certified mail, a copy of the LPA application, including information about how riparians can submit comments to the Department regarding issuance of the license, to the address certified by the municipal clerk or Bureau of Revenue Services, Unorganized Division for unorganized territory. Failure to include a copy of the receipt for certified mailing with the application will be grounds for denial of the application. If the license applicant is the only riparian, or if the license site is located in a marina slip or lobster pound or similar site as described in subsection A(2) above, the owner or controlling entity of which has consented in writing to the placement of the gear, the notification requirement is waived.

The Department shall notify any town or plantation of the final status of an application. Failure to do so does not invalidate a license.

Site plans

Plan view. The application must include a plan view, which must be on 8.5” x 11” size paper and show the maximum layout of gear to be deployed drawn to scale, with the scale indicated to verify the 400 square foot limit. The site plan must include a north arrow with True or magnetic clearly indicated, arrows that indicate the tide’s primary ebb and flood directions, mean high and low-water marks, and the distance from the license to these mean high and low-water marks. The site plan shall also include to a distance of 1,000 feet from the license in all directions, the locations of any federal or local channels, anchorages, moorings, structures, existing lease boundaries, other LPA licenses (including whether or not they are exempt from the density requirement in 2.90 (1)(B)), DMR water quality classifications (including distances from Prohibited areas if applicable), and property lines for all riparian owners within 300 feet.

Gear description. If gear is to be used, it may be deployed on the surface, in the water column, on the sea bottom, or below the surface of the bottom. The applicant shall indicate which of the following authorized gear will be used, and include an overhead view and cross-sectional elevation view of the gear that includes specifications on all mooring equipment to be used. Aquaculture gear other than the equipment listed below, may not be used. All dimensional information on the mooring equipment contained inside and outside the boundaries must be included pursuant to 12 M.R.S.A. §6072-C(5)(E)(2).

Upwellers including “FLUPSYs.” Sites with upwellers renewed after January 1, 2025 are exempt from the direct supervision requirements in 12 M.R.S.A. §6072-C(2). New sites permitted after January 1, 2025 are exempt from the direct supervision requirements in 12 M.R.S.A. §6072-C(2) provided upwellers are the only gear type utilized on the site.

Shellfish rafts, associated predator nets and spat collectors

Shellfish tray racks and over wintering cages

Soft bags, semi rigid bags and floating trays

Lantern nets and pearl nets

Moorings

Scallop spat collector bags

Scallop ear hangers

Long lines (vertical or horizontal)/rope grids

Bottom anti-predator netting

Renewal of licenses

To be eligible to renew an LPA license, the applicant must have completed any educational requirements established pursuant to 12 M.R.S.A. §6072-C(3)(A) and must submit an application for renewal to the Department online or postmarked no later than November 30. If a renewal application is not submitted to the Department by November 30, the license holder is required to remove all gear and equipment from the licensed site on or before the termination of the license on December 31^st.

Exception. LPAs applied for or held by a municipal shellfish management program for conservation activities such as resource enhancement are not required to complete the education requirement.

Renewal applications shall be submitted on a form provided by the Department. The non-refundable application fee must be paid prior to renewal.

The Department shall send a notice of all proposed renewals to the municipality in which those licenses are located and request that the municipality post the notice. The notice shall state that anyone may provide comments to the Department on the proposed renewals within 14 days of the date of the notice.

An LPA license may be renewed if the license activities continue to meet the provisions of 2.90 and 12 M.R.S.A. §6072-C.

Site limitations

Maximum size

Gear, on any one LPA, excluding mooring equipment, may not occupy an area larger than 400 square feet. An LPA may be contiguous to another LPA.

Dimensions

The site must include four 90-degree angled corners and may be no less than 1’ or greater than 400’ on any one side. Dimensions must be provided in whole feet.

Territorial waters

LPA license sites must be located within Maine’s territorial waters as defined in 12 M.R.S.A. §6001(48-B) and pursuant to 12 M.R.S.A. §6072-C(2).

DMR Water Quality Program closure areas

LPA license sites may not be located within 300 feet of any area classified as prohibited.
Except as provided in subsection (c) below, LPA license sites may only be located in areas that are classified as approved or conditionally approved pursuant to DMR regulations Chapter 95. Should an area be downgraded from approved or conditionally approved, an LPA located within the area may be renewed for one additional year at the next date of renewal.
Exemptions

Shellfish seed. An LPA license site may be located within an area classified by DMR as prohibited, restricted, or conditionally restricted under Chapters 95 and 96, provided that only shellfish seed is cultured on the site and the LPA holder has a lease or has an ownership stake in a company that holds a lease. An LPA license site for shellfish seed may not be located within the 300:1 dilution zone around a wastewater treatment plant outfall. Shellfish seed from an LPA site in a prohibited, restricted, or conditionally restricted area can be moved only to another aquaculture lease or license site and must comply with the maximum seed size limits as defined in 2.95(A)(4).

Green sea urchins. The boundary line and prohibited, restricted and conditionally restricted area prohibitions in 2.90(3)(D)(1 and 2) above do not apply to the sole culture of green sea urchins.

Marine algae. The boundary line and prohibited, restricted and conditionally restricted area prohibitions in 2.90(3)(D)(1 and 2) above do not apply to the sole culture of marine algae, except that an LPA license site cannot be located within the 300:1 dilution zone around a wastewater treatment plant unless marine algae or seaweed cultured on the site is not for human consumption.

Maine Department of Inland Fisheries and Wildlife Essential Habitats. LPA license sites cannot be located within any area designated as Essential Habitat by the Maine Department of Inland Fisheries and Wildlife.

United States Army Corps of Engineers (ACOE) authorization. Upon receipt of an LPA license application, the Department shall forward a copy of the application to the ACOE for their review.

Authorized species. An LPA license may be issued only for the cultivation of the following species: blue mussel (Mytilus edulis) , hard clam / quahog (Mercenaria mercenaria) , Atlantic surf clam (Spisula solidissima) , Arctic surf clam ( Mactromeris polynyma ),American or eastern oyster (Crassostrea virginica), European oyster (Ostrea edulis) , sea scallop ( Placopecten magellanicus), soft-shelled clam (Mya arenaria) , razor clam ( Ensis directus ), green sea urchin ( Strongylocentrotus droebachiensis ), bay scallops ( Argopecten irradians ), and for marine algae (all seaweeds, including kelp). Notwithstanding 12 M.R.S.A. §6001(41), for purposes of 2.90, the terms “shellfish” and “seed” include sea scallops ( Placopecten magellanicus ) and bay scallops ( Argopecten irradians ).

Activity limitations & requirements

The licensed activity must not generate a discharge into territorial waters pursuant to 12 M.R.S.A. §6072-C(2)(A), 38 M.R.S.A. §413 and DMR regulations 2.05(7).

An LPA license applicant may declare assistants to be named on any LPA license. Declared assistant(s) named on any LPA license must be in possession of a copy of the LPA license whenever engaged in any activity at that licensed site. Individuals other than the license-holder’s declared assistants may assist the license holder and, in that capacity, utilize, raise, lift, transfer or possess any approved aquaculture gear belonging to that license holder if a hurricane warning issued by the National Weather Service is in effect for any coastal waters of the State.

Marine biotoxins

Closed Area compliance

There shall be no provisions made for biotoxin monitoring or testing for LPA sites.

Record keeping. Complete, legible and accurate records of transport, transfer, harvest, and monitoring must be maintained by the license-holder and made available for inspection for at least two (2) years. The records must include the:

Department’s LPA license number, site location and date.
Source of shellfish, including seed if the seed is from growing areas which are not in the approved classification status pursuant to 2.90;
Dates of transplanting and harvest;
Detailed records of sales; and
Records of the origin and health status of all seed or shellfish stocks reared on the site must also be maintained.

Maintenance standards

1. All aquaculture gear must be maintained, remain within the boundaries of the site, and kept in a fully operational condition. The license holder is obligated to collect and or remove any loose or errant gear or equipment that is dislodged from the licensed site.
1. To prevent adverse impacts to public health, the LPA holder shall make lawful efforts to ensure animal excrement does not accumulate on or near structures.
1. The LPA site ID and SEA FARM must be clearly marked on every buoy.
1. Except for a LPA site that has received a Private Aid to Navigation permit from the United States Coast Guard, each LPA site that has gear on it must be clearly marked at each corner, centerpoint, or at each end of the gear, as is appropriate to the gear type deployed, with a yellow buoy. The marked buoys shall be readily distinguishable from aquaculture gear and shall host reflective material.
1. The LPA holder must notify the Aquaculture Division of any changes to the contact information listed on the license in writing within 30 days of the change taking effect.

2.92 Aquaculture lease site workers operating under the authority of an aquaculture license

holder (12 M.R.S.A. §6810-B)

- 1. Unlicensed individuals may work on aquaculture lease sites and transport or sell the cultured product produced on those sites, provided they are authorized to do so by a license holder who holds the aquaculture lease for the site. The license holder must direct and oversee the work of the unlicensed individuals.

Such unlicensed individuals shall keep a copy of the lease holder’s license with them while working with, transporting, or selling the cultured product and shall present it to DMR upon request.

- 1. Aquaculture leaseholders shall maintain records of any unlicensed individuals working pursuant to the lease holder’s license, including: 1. The names and addresses of the individuals;
- - 1. The dates on which they worked; and 2. The name(s) and license number(s) of the license holders under whose authority they worked.

The records shall be made available for inspection by DMR upon request.

2.95 Water Quality Classifications and Shellfish Aquaculture

Compliance

Applicability. This section applies to those persons who are issued an aquaculture lease pursuant to 12 M.R.S.A. §6072, §6072-A, or §6072-B, or a limited-purpose aquaculture (LPA) license pursuant to 12 M.R.S.A. §6072-C.

Water quality. Water quality at any site used for aquaculture shall meet the criteria for the approved, conditionally approved, restricted or conditionally restricted classification, except for the culture of seed, as described in 2.90(3)(D) and 2.95(1)(D).

Any shellfish harvested pursuant to an aquaculture lease, or permitted site, shall be subjected to relaying or depuration prior to direct marketing if the culture area or facility is located in or using water which is in:

The closed status of the conditionally approved classification;

The restricted classification; or

The open status of the conditionally restricted classification.

Relaying and depuration of shellfish requires a permit pursuant to DMR Regulations Chapter 94.

Closed Area compliance. Direct market harvest of shellstock is prohibited in areas that are closed due to marine biotoxins pursuant to Chapter 96 and bacterial pollution pursuant to Chapter 95, and in those areas that may be closed by the Department.

Seed shellstock

Seed from growing areas in the prohibited classification must be moved to approved, conditionally approved, restricted or conditionally restricted growing areas before exceeding the maximum seed size as defined below. The length is measured along the longest axis.

American oyster ( Crassostrea virginica ): 0.5 inch total length

European oyster ( Ostrea edulis ): 0.5 inch total length

sea scallop ( Placopectin magellanicus ): 1.5 inch total length

bay scallop ( Argopectin irradians ): 1 inch total length

softshell clam ( Mya arenaria ): 0.75 inch total length

hard clam ( Mercenaria mercenaria ): 0.75 inch total length

blue mussel ( Mytilus edulis ): 0.5 inch total length

razor clam ( Ensis directus ): 2 inches total length

Atlantic surf clam ( Spisula solidissima ): 0.5 inch total length

Arctic surf clam ( Macromeris polynyma ): 0.5 inch total length

Seed shellstock for any species not listed in 1(D)(1) may not be cultivated in prohibited areas without written approval from the Department.

Aquaculturists growing seed in areas in the prohibited classification must have a Department approved operations plan that includes corrective actions for addressing seed exceeding the maximum size. The approved corrective actions shall be implemented when maximum seed size is exceeded. Failure to implement the approved corrective actions will result in destruction of the seed.

Seed for LPAs must meet the requirements of the Health Areas in Chapter 2.90(3)(D) and 2.05(10).

Inspection: The Commissioner and agents may inspect the lease site, seed, operations, and business records of individuals cultivating seed in areas in the prohibited classification.

Regulatory testing

Contaminant reduction studies: for shellfish grown in waters classified as restricted, conditionally restricted and conditionally approved in the closed status, a contaminant reduction study is required in lieu of a mandatory 60-day closure of the receiving site. The contaminant reduction study must be designed by DMR and samples processed in a FDA evaluated shellfish laboratory. If DMR processes the samples for a contaminant reduction study a non-refundable fee of $1000 must be paid upon request of the study.

Other special studies: it may be necessary to conduct other special studies for aquaculture activities to ensure the safety of the product for the consuming public. DMR may require testing for phytoplankton, biotoxins, Vibrio and other pathogens, parasites or contaminants. These studies must be designed by DMR and completed in a FDA evaluated shellfish laboratory. If DMR processes the samples for a special study a non-refundable fee of $1000 must be paid upon request of the study and annually thereafter if the samples are required on an ongoing basis.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §§ 6072, 6072-A, 6072-B, 6072-C
EFFECTIVE DATE: July 11, 1983
AMENDED: October 28, 1986 – Section 2.80
AMENDED: September 1, 1987 – Section 2.90
AMENDED: December 27, 1988
AMENDED: February 25, 1998
AMENDED: May 28, 1998
AMENDED: June 24, 2002 – Section 2.01 repealed; Sections 2.10(1), 2.12(3), 2.60(3)(1),
AMENDED: 2.64(2)(3)(G), 2.75(1,2), 2.80(2,3)
AMENDED: July 22, 2002 – Section 2.50; Section 2.90 added
AMENDED: August 26, 2002 – Sections 2.10(3), 2.31(4), 2.37(1)(1,2)
AMENDED: February 17, 2003 – Sections 2.10, 2.15, 2.37, 2 40, 2.64, 2.75
AMENDED: February 17, 2003 – Sections 2.10(3)(3), 2.27(2) provisional adoption (major substantive
AMENDED: rulemaking)
AMENDED: June 24, 2003 – Sections 2.10(3)(3), 2.27(2)
AMENDED: January 1, 2005 – Sections 2.10, 2.43, 2.45, 2.60
AMENDED: January 1, 2005 – Section 2.90
AMENDED: April 25, 2005 – Section 2.90(2)(G)(2)
AMENDED: May 1, 2005
AMENDED: July 15, 2005 – Section 2.37(1)(A)(8)
AMENDED: July 15, 2005 – Section 2.37(1)(A)(9-10)
AMENDED: January 1, 2006 – Sections 2.37, 2.80, 2.90
AMENDED: January 24, 2007 – Sections 2.12(3), 2.45(3)(D), 2.60(3)(D)
AMENDED: January 24, 2007 – Sections 2.50(1)(K,L), 2.46, 2.60(1), 2.64(7)(A) punctuation
AMENDED: May 26, 2008 – Sections 2.90(3)(C)(3), 2.95 (absorbs Ch. 22)
AMENDED: May 26, 2008 – Sections 2.05, 2.90(1,2)
AMENDED: April 20, 2009
AMENDED: February 22, 2010 – Sections 2.10(6), 2.64(7)(C)
AMENDED: August 22, 2011 – Sections 2.90(2)(B), 2.90(F)(2)(j), 2.90(3)(C)(4), 2.90(4)
AMENDED: November 14, 2012 – Sections 2.90(1-5)
AMENDED: October 17, 2013 – Sections 2.60(1,2), 2.64(1)
AMENDED: March 19, 2018 – Sections 2.90(1)(B-D), 2.90(2)(B), 2.90(C)(1)(2,4), 2.90(D)(1,2),
AMENDED: 2.90(E)(1), 2.90(F)(1)(2), 2.90(G)(1,3), 2.90(3)(A-F), 2.90(4), 2.90(5)(A,C,D),
AMENDED: 2.90(6)(B), 2.95(A)(2,4)
AMENDED: April 1, 2019 – Sections 2.05, 2.07, 2.08, 2.10, 2.12, 2.15, 2.20, 2.25, 2.30, 2.31, 2.35, 2.37,
AMENDED: 2.40, 2.41, 2.43, 2.44, 2.45, 2.60, 2.61, 2.64, 2.65, 2.66, 2.75, 2.92, 2.95
AMENDED: August 29, 2020 – Sections 2.08(5), 2.15(1), 2.40(2), 2.61(4)(D), 2.64(11)(A), 2.90(3)
AMENDED: March 13, 2021 – Section 2.95
AMENDED: March 13, 2022 – Sections 2.15(C), 2.40, 2.44, 2.45, 2.60, 2.61, 2.64, 2.75, 2.80, 2.90, 2.95
AMENDED: August 13, 2023 – Sections 2.05(1)(C,M,N), 2.10(1)(B)(1), 2.15(3)(A), 2.15(3)(4), 2.27(1)(A),
AMENDED: 2.27(2), 2.29, 2.31(2), 2.31(5)(B), 2.31(6)(B), 2.35(2,4), 2.37(1), 2.37(1)(A)(1),
AMENDED: 2.3(B)(3), 2.40(4), 2.45(1), 2.64(2,3,6,7,10,11), 2.64(12)(A,B), 2.64(14), 2.65 (4,7),
AMENDED: 2.66(1), 2.66(2)(C)(1-4), 2.66(F)(4,8,9), 2.75(1-4,6,7), 2.80(1), 2.80(2)(A), 2.90,
AMENDED: 2.95(A)(3), 2.95(B)(1)(2)
AMENDED: November 12, 2024 – Sections 2.05(C,O), 2.90(2)(F)(2)
AMENDED: March 17, 2026 – Sections 2.07, 2.64(10), 2.66(4), 2.90(1)(A), 2.90(2)(B), 2.90(6) – filing 2026-063
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 3 Foreign Fish Processing within Maine's Territorial Sea

Code Me. R. 13-188 Ch. 3 Foreign Fish Processing Within the State of Maine’s {#sec-13-188-ch.-3 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 3}

INTERNAL WATERS

TITLE INDEX

3.01 Definitions

3.02 Authorization

3.03 Application

3.04 Approval

3.05 Condition

3.06 Termination

3.07 Informational Hearing

3.01 Definitions

Unless the context indicates otherwise in this section, the following words shall have the

following meanings:

Department. "Department" means the Maine Department of Marine Resources, State House Station #21, Augusta, Maine 04333;

Fishery Conservation Zone. "Fishery Conservation Zone" means that zone established by Section 101 of the Magnuson Fishery Conservation and Management Act of 1976, P.L. 94-265, 16 U.S.C. Sec. 1811;

Internal waters of Maine. "Internal waters of Maine" means all waters within the boundaries of the state except those seaward of the baseline from which the territorial sea is measured;

Fish processing. "Fish processing" means the application of preservative means and/or methods to the flesh of fish to maintain quality and prevent deterioration, and includes, but is not limited to, preparation, supply, storage, refrigeration, or transportation of unprocessed fish, "fish processing" does not include the traditional transportation of herring by Canadian herring carriers from Maine's internal waters to Canada;

Adequate capacity. "Adequate capacity" means that U.S. fish processors operating fish processing facilities in Maine have the physical plant capacity and the present determination to use that processing capacity to process all of the United States harvested fish from the fishery concerned that are landed in Maine;

IWP permit. “IWP permit” means a permit authorized by the Governor under section 3.04 for foreign fishing vessels to engage in fish processing in the internal waters of this state pursuant to Section 306, Subsection C of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1856).

3.02 Authorization

A foreign fishing vessel may engage in fish processing within the internal waters of Maine if:

The foreign nation under which it is flagged is a party to a governing international fishery agreement or treaty described in the Magnuson Fishery Conservation and Management Act, as amended, (16 U.S.C. Section 1821(b)) during the time the vessel will engage in fish processing in internal waters of Maine;

The owner or operator of the foreign fishing vessel or a person representing the owner or operator, applies to the Department for a permit, the Governor approves the issuance of a permit, and a permit is issued for the vessel to engage in fish processing in internal waters of Maine;

All other necessary permits and appropriate fees for permission to conduct fish processing in internal waters have been obtained.

3.03 Application

A permit application to engage in fish processing in the internal waters of Maine should be

submitted as soon as possible prior to the requested date of the beginning of the processing

activity and shall state:

The reasons the applicant does not believe that U.S. fish processors within Maine have adequate capacity, or will utilize such capacity, to process all of the United States harvested fish from the U.S. fishery concerned that are landed in Maine, including any relevant documentation supporting such statement;

Whether or not the cumulative amount requested will cause catch levels from the management area to exceed the specified total allowable catch (TAC);

A description of the foreign fish processing vessel and other identification information;

The name(s) and description(s) of the vessel(s) from which the applicant expects to purchase fish;

The species and quantity proposed to be processed and processing methods to be used;

The date(s) for which permission is sought;

The specific locations in the internal waters proposed for fish processing;

The existence of a governing international fisheries agreement or treaty as described in 16 U.S.C. Section 1801, et seq. , as amended;

The ability to comply with all applicable laws and regulations of the United States and the State of Maine and any permit conditions;

The ultimate point of sale for the product;

Information showing how the fish processing will benefit development of the fish industry in Maine;

Whether past over-the-side sales commitments, permit conditions, and other requirements have been met; and

Other information as needed or required by the State of Maine.

3.04 Approval

The Department will make a recommendation to the Governor for approval or denial of the permit, based on evaluation of information provided in section 3.03 and other applicable laws and regulations. The Department may recommend approval of a permit to the Governor if it determines that U.S. fish processors within Maine do not have adequate capacity and will not utilize such capacity to process all of the United States harvested fish from the fishery concerned that are landed in Maine.

In determining whether or not U.S. fish processors within Maine have adequate capacity, and will utilize such capacity to process all of the U.S. harvested fish from the fishery, the Department may consider the following factors:

The availability of harvesting vessels in Maine and the capability of such vessels to take the species in the fishery concerned;

The availability of the labor force, adequacy of processing machinery, freezers, and cold storage facilities of Maine fish processors, and the processors' ability, intent, and current and future plans to process the particular species;

The geographical proximity of harvest areas supplying the foreign fish processor to the facilities of Maine processors;

The Maine processors' claims as to their capacity versus their actual processing performance in any given year;

The potential for Maine processors to compete in foreign markets (e.g., existence of trade barriers; abundance of a competing product in other parts of the world).

3.05 Condition

The Department may recommend specific times and areas of operations, species and quantities to be processed, and any other conditions of operation determined to be necessary and appropriate including but not limited to consent by the foreign processing vessel to take an observer on board; assisting in the transfer of the observer to and from the foreign processing vessel; and reimbursement for the cost of the observer's presence.

Final approval of a permit is subject to any applicable provisions specified in Atlantic States Marine Fisheries Commission (ASMFC) interstate fisheries management plans.

3.06 Termination

The Department may recommend termination of the internal waters permit upon written notification if it is determined that:

U.S. processors operating in Maine subsequent to initial issuance of a permit have acquired adequate capacity, and will utilize that capacity to process all U.S. harvested fish from the fishery;

Any permit condition has been violated;

Or for any other reason deemed necessary to protect the public health, welfare or safety.

3.07 Informational Hearing

A hearing on an application is not required The Department may cause an informational hearing

to be held at its discretion after notice.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §6171
EFFECTIVE DATE: August 13, 1984
AMENDED: September 4, 1984 – Section 3.10 added
NONSUBSTANTIVE CORRECTIONS: February 24, 2000 - converted to MS Word
NONSUBSTANTIVE CORRECTIONS: February 14, 2001 – Section 3.10(B)
AMENDED: March 19, 2001 – Sections 3.10 through 3.40 transferred to Chapter 4 and renumbered
AMENDED: October 21, 2002
NONSUBSTANTIVE CORRECTIONS: May 21, 2003 – Section 3.07
NONSUBSTANTIVE CORRECTIONS: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
NONSUBSTANTIVE CORRECTIONS: September 3, 2026

Chapter 4 Municipal Shellfish Conservation Warden Certification

Code Me. R. 13-188 Ch. 4 Certification, Recertification, Revocation of Certification {#sec-13-188-ch.-4 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 4}

FOR MUNICIPAL SHELLFISH CONSERVATION WARDEN

TITLE INDEX

4.10 Certification

4.20 Minimum Qualifications

4.30 Disqualifying Conduct

4.40 Recertification

4.50 Revocation, Suspension or Refusal to Renew Certification

4.60 Performance Standards

4.10 Certification

Municipal Shellfish Conservation Wardens must obtain certification through the Maine Department of Marine Resources (MDMR). Candidates for the position of Municipal Shellfish Conservation Warden must make written application on the approved form to the MDMR for certification. Applicants may attend training, but will not receive certification until they have a formal written nomination from an appointing municipality and have passed an employment background check conducted by Maine Marine Patrol. Applicants already employed in a certified law enforcement capacity will have backgrounds reviewed for conservation violations only.

Based on a review of the application and employment background investigation for each candidate, the MDMR will approve, conditionally approve, or deny the request for certification. Applicants will be sent written notice of the MDMR decision within thirty days of the review. If applicable, the written notice will include and identify conditions for certification or reasons for denial. Those applicants who otherwise meet conditions for certification, but do not currently hold a formal written nomination from an appointing municipality will receive conditional approval, pending Department receipt of the formal written nomination and the results of their background check.

Municipal Shellfish Conservation Wardens who will carry a firearm during the performance of their duties or who will have the power of arrest must provide proof of certification from the Maine Criminal Justice Academy in order to achieve a MDMR certification.

Any applicant approved or conditionally approved to become a Municipal Shellfish Conservation Warden may be granted a temporary certification waiver; however, the candidate must successfully complete the next available MDMR Municipal Shellfish Conservation Warden Certification Course. In order to maintain certifications issued under this part, individuals must complete additional training requirements at a minimum of three-year intervals. Certification or recertification waivers may only be granted by the Commissioner of the MDMR.

4.20 Minimum Qualifications

A person must meet the following minimum qualifications for certification as a Municipal Shellfish Conservation Warden:

The applicant must have a high school diploma or the equivalent.

The applicant must have a valid motor vehicle operator’s license. If the applicant has an out of state license, a Maine license must be obtained as prescribed under Maine law.

The applicant must be 21 years of age or older.

The applicant must be able to read and write at a level necessary to successfully complete the Department of Marine Resources Municipal Shellfish Conservation Warden Conservation Course.

The applicant must be able to provide reliable courtroom testimony for prosecution purposes.

4.30 Disqualifying Conduct

The applicant must not have been convicted of a violation of any marine resource law or regulation enacted or adopted under Title 12 of the Maine Revised Statutes, within the last six years. A person may make application for consideration to the Commissioner of the Department of Marine Resources or designee for a waiver of this provision.

The applicant must have no convictions for Murder, Class A, Class B, Class C, Class D or Class E crime, unless the act committed was a Class D or E crime and a violation of Title 12 Maine Revised Statutes and was committed prior to the last six years. A person may make application for consideration to the Commissioner of the Department of Marine Resources or their designee for a waiver of this provision.

The applicant must not falsify or misrepresent any information during the application process or background investigation.

4.40 Recertification

Should an individual’s certification not be renewed or maintained, the person must apply in writing to the MDMR for recertification.

An individual must complete certification training through the MDMR before certification may be reinstated under this section.

4.50 Revocation, Suspension or Refusal to Renew Certification

The Commissioner of the MDMR may revoke or deny certification if one or more of the following conditions exist:

An individual fails to meet the performance standards set forth in Chapter 4.60;

An individual faces disciplinary action or certification sanctions pursuant to 25 M.R.S. §2806-A;

An individual violates a marine resources law or regulation;

Conditions imposed under a conditional certification have not been satisfied;

An individual fails to successfully complete or maintain the required certification training;

An individual does not meet, or no longer meets, the minimum qualifications set forth in Chapter 4.20 or;

An individual has engaged in “disqualifying conduct” established in Chapter 4.30.

Any suspension, revocation or refusal to renew a Municipal Shellfish Conservation Warden certificate pursuant to Chapter 4.50 shall require notice and allow opportunity for a hearing in accordance with 5 M.R.S. Chapter 375, subchapter 4.

4.60 Performance Standards

All Municipal Shellfish Conservation Wardens shall:

Enforce the municipality's shellfish conservation ordinance in accordance with the law;

Enforce the minimum size shellfish laws and regulations (12 M.R.S. §6681 and DMR Chapters 10 &14) for all shellfish species included in the municipality’s shellfish conservation ordinance, or stricter minimum size(s) if defined in the municipality’s shellfish conservation ordinance.

Enforce contaminated and polluted flats (12 M.R.S. §6172 and §6621), and serve all processes pertaining to the local municipal ordinance.

Adhere to principles of effective law enforcement to include, but not limited to:

Proper use of force;

Adherence to rules of evidence and legal procedure; and

Proper use of arrest and summonsing powers.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §6671
EFFECTIVE DATE: March 19, 2001 – Sections 4.10, 4.20, 4.30, 4.40, 4.50 language transferred and
EFFECTIVE DATE: amended from Chapter 3.
AMENDED: April 16, 2013 – Sections 4.10, 4.20, 4.30, 4.40, 4.50
REPEALED AND REPLACED: November 15, 2016
AMENDED: March 19, 2024 – Sections 4.10, 4.20, 4.50, 4.60 – filing 2024-063
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 5 Confidentiality of Fisheries Statistics

Code Me. R. 13-188 Ch. 5 Confidentiality of Fisheries Statstics {#sec-13-188-ch.-5 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 5}

TITLE INDEX

5.01 Definitions

5.10 Collection and Maintenance of Statistics

5.20 Access to Statistics

5.30 Release of Statistics

5.35 Prohibitions

5.01 Definitions

In addition to the definitions set forth in 12 M.R.S.A. §6001, the following definitions shall apply in interpretation of Chapter 5.

Commissioner. “Commissioner” means the Commissioner of the Maine Department of Marine Resources.

Department. “Department” means the Maine Department of Marine Resources.

Data, statistics, and information. The terms are used interchangeably and mean fisheries data reported to, or collected by, the Commissioner in accordance with the provisions of 12 M.R.S.A. §6173.

5.10 Collection and Maintenance of Statistics

Submission of statistics

All statistics reported by any dealer, harvester, business, person or vessel to the Commissioner shall be provided to authorized personnel of the Department.

All statistics reported by any dealer, harvester, business, person or vessel to the Commissioner to comply with reporting requirements, or under an agreement to participate in a Department-led project for the purpose of developing or testing new methodologies or technologies to provide pertinent data with respect to the fisheries, are confidential data as provided by 12 M.R.S. §6173.

Collection agreements

The Commissioner may enter into an agreement with a state or federal agency authorizing that agency to collect statistics on behalf of the Commissioner.

The Department shall not enter into a cooperative collection agreement with another state or federal agency unless that agency has authority to protect the statistics from disclosure to the public in a manner similar to that of the Department and in a manner consistent with these regulations.

Safeguards

Appropriate safeguards and a control system as specified by Department directives or other Department internal procedures, shall apply to the collection and maintenance of all statistics so as to insure their confidentiality.

The control system instituted to protect the confidentiality of statistics shall:

Identify those persons who have routine access to the statistics;

Contain procedures to identify non-routine users and their use of data; and

Provide for safeguarding the data.

5.20 Access to Statistics

Authorized Department personnel. Statistics, which may reveal the identity of any dealer, harvester, business, person or vessel, shall only be accessible to:

Department personnel responsible for the collection, processing and storage of the statistics;

Department personnel performing research that requires routine access;

Other Department personnel on a demonstrable need-to-know basis; and

Department contractors who require access in order to perform functions authorized by the state contract.

Access to statistics pursuant to collection agreement. Personnel of a state or federal agency, which is a party to a collection agreement with this Department may have access to statistics collected pursuant to that collection agreement, provided that the statistics will be protected from disclosure to the public in a manner consistent with these regulations.

5.30 Release of Statistics

The Commissioner shall not disclose to the public any statistics in other than aggregate or summary form. Disclosure as required by court order shall be made only after approval of the Attorney General.

Data, statistics, or information in aggregate or summary form means the combined data of three or more submitters. The data shall be assembled in such a manner as not to reveal the identity of any dealer, harvester, business, person or vessel.

When data is such that it cannot be provided in aggregate or summary form, then that data may only be released to the extent it is determined, by authorized Department staff, that its release will not reveal the identity of any dealer, harvester, business, person or vessel, or written permission for the release of the data has been obtained from the submitter(s).

All requests for statistics submitted shall be processed consistent with the Maine Freedom of Access law (1 M.R.S.A. §401 et seq .).

Authorized Department personnel have the authority to issue initial denials of requests subject to the Maine Freedom of Access law for statistics.

Appeals from initial denials should be addressed to the Commissioner, Department of Marine Resources, State House Station 21, Augusta, Maine 04333-0021.

5.35 Prohibitions

Persons having access to confidential data are prohibited from unauthorized use or disclosure of such data.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §6173
EFFECTIVE DATE: August 8, 1981
AMENDED: December 27, 1994
EFFECTIVE DATE (ELECTRONIC CONVERSION): February 24, 1997
NONSUBSTANTIVE CORRECTIONS: February 24, 2000 - converted to MS Word
AMENDED: January 1, 2005 – filing 2004-569
NONSUBSTANTIVE CORRECTIONS: April 29, 2005 – punctuation only
AMENDED: August 10, 2021 – Section 5.10(A)(2) – filing 2021-160
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 6 Lobster Processing

Code Me. R. 13-188 Ch. 6 Lobster Processing {#sec-13-188-ch.-6 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 6}

TITLE INDEX

6.01 Definitions

6.02 Compliance

6.03 Restrictions & Prohibitions

6.01 Definitions

6.02 Compliance

These regulations apply to persons who hold a “Lobster Processor License” or “Lobster Processor Tails only License” pursuant to 12 M.R.S. §6851-B or a “Lobster Meat Permit” pursuant to 12 M.R.S. §6857.

Applications and fees. Each of the following a one year license that expires on March 31^st, annually:

The fee for a Lobster Processor License, established in accordance with 12 M.R.S. §6851-B(2), is $500.00.

The fee for a Lobster Processor Tails only License, established in accordance with 12 M.R.S. §6851-B(2), is $159.00.

The fee for a Lobster Meat Permit is $159.00, as provided in 12 M.R.S. §6857(5).

Applications for a license or permit may be obtained from the Department of Marine Resources, License Division, 21 SHS, Augusta, Maine 04333-0021; telephone: (207) 624-6550; or online at www.maine.gov/dmr/index.htm under “Licenses”.

Facility

Lobster and lobster meat may be processed only at one fixed place of business or fixed facility named on the Lobster Processor License.

Lobster tails may be processed only at one fixed place of business or fixed facility named on the Lobster Processor Tails only License.

Lobster meat may be processed at the single establishment (12 M.R.S. §6001(14)), location or place of business named on the Lobster Meat Permit.

Inspection. A Marine Patrol Officer may inspect and measure lobster tails, lobster parts and the meat therein, or processed lobster in order to determine conformity with the size restrictions in 12 M.R.S. §6431 and Chapter 25.70.

Tail measurement shall consist of removal of the meat intact from the lobster tail section and measurement of the meat to ascertain conformity with the size restrictions established by Chapter 25.70. Lobster tails shall be illegal if lobster meat so removed fails to meet such size standards.

License holders must comply with all other applicable laws and regulations relating to the processing, packaging, storage, labeling, containment, record keeping, etc., of food products.

Federal regulations for lobster processing required by the Food and Drug Administration (FDA) Seafood HACCP Regulations are located in Title 21 CFR Part 123 – Fish and Fishery Products and on the web by searching at: www.gpoaccess.gov/ecfr/index.html

The Maine Department of Agriculture, Conservation and Forestry food regulations applicable to lobster processing/packaging/storage are available on the web at: www.maine.gov/agriculture/qar/food-regs.html.

The Department of Health and Human Services, Maine Food Code, 10-144, CMR Chapter 200 is available on the web at: www.maine.gov/sos/cec/rules/10/144/144c200.doc.

Exceptions to license requirement

Hotels and Restaurants. As provided by 12 M.R.S. §6851-B(3) and §6857 a license is not required to remove lobster meat for serving at hotels and restaurants if the meat is removed from the shell in a hotel or restaurant’ for serving on the premises.

6.03 Restrictions & Prohibitions

Lobster Processor License. A Lobster Processor License (LPL) authorizes a wholesale seafood license with lobster permit holder to remove lobster tails, lobster parts in the shell, and lobster meat from the lobster, only under the following conditions:

The tails, lobster parts in the shell and lobster meat shall only be removed from lobster at the fixed facility name on the LPL.

The tails shall only come from legal size lobster in accordance with 12 M.R.S. §6431 or from oversize lobster as provided in 12 M.R.S. §6431(6-B) as long as those oversize lobster are in conformance with the provisions of that law and the LPL license holder also holds a Lobster Import/Export permit in accordance with Chapter 25.75.

Lobster parts: A Lobster Processor License holder may remove lobster parts in the shell other than the tail to be offered for sale. Other lobster parts include the carapace, claws, knuckles, legs and shells.

Tail meat removed from the lobster shall remain whole and intact except as permitted by waiver in accordance with Chapter 6.03(1)(E). Tail meat removed from oversize lobster as provided in 12 M.R.S. §6431(6-B) shall remain whole and intact, no waiver is allowed.

Lobster Processor License – waiver. The Commissioner may grant waivers in writing for specific lobster products when requested in writing by Lobster Processor License holders.

Lobster Processor Tails Only License. A Lobster Processor Tails only License (LPTOL) authorizes a wholesale seafood license with lobster permit holder to remove lobster tails in the shell from the lobster, only under the following conditions:

The tails shall only be removed from lobster at the fixed facility name on the LPTOL.

The tails shall only come from legal size lobster in accordance with 12 M.R.S. §6431.

The tails removed from the lobster shall remain whole and intact

Lobster Meat Permit. A lobster meat permit authorizes a wholesale seafood license with lobster permit holder or a retail seafood license holder to remove lobster meat from the shell for sale under the following conditions:

The meat may be removed from the shell only at the establishment named in the permit.

The meat may come from only legal-sized lobsters in accordance with 12 M.R.S. §6431.

Tail sections must be removed from the shell whole and intact.

Exception for wholesale seafood license with lobster permit holder. The holder of a wholesale seafood license with lobster permit may, at the license holder’s regular establishment, cut up lobster tail sections immediately prior to and for the purpose of preserving, canning or freezing them as processed stews, pies, salads, Newburg’s or chowders.

Containers and Labeling

All containers of processed lobster meat, lobster tails, lobster parts or by products must be clearly labeled with the Lobster Processor License, Lobster Processor Tails only License or Lobster Meat Permit number of the packer pursuant to 12 M.R.S. §6851-B(2)(C) and §6857(2)(D) or be identified as lawfully imported from another jurisdiction.

All containers of processed lobster meat, lobster tails, lobster parts or by products must be clearly labeled with a coding system to identify the date of pack/packaging in compliance with 9 CFR 317.8(32) the Maine Food Code and approved in writing from the Commissioner. Address: Department of Marine Resources, Attn: Commissioner/Lobster Pack Code Request, State House Station°21, Augusta, Maine 04333-0021.

Shipment of all containers of tail meat removed from oversize lobster as provided in 12 M.R.S. §6431(6-B) shall convey the oversize lobster tails sealed in accordance with Chapter 25.75 for shipment out of state.

The license or permit number, identification of contents, approved pack/packaging code, and the name and address of license holder must appear in bold capitalized type, be waterproof and durable in indelible print, and must be adhered to the container at all times through to the final consumer sale or until the container is empty. The absence of the license or permit number, approved pack/packaging code, and the name and address of license holder as required by this regulation shall be prima facie evidence of violation of these regulations.

Container labeling requirements shall not apply to hermetically sealed (12 M.R.S. §6001(19)) containers.

Records. Persons who hold a Lobster Processor License or Lobster Processor Tails only License pursuant to 12 M.R.S. §6851-B or a Lobster Meat Permit pursuant to 12 M.R.S. §6857 must maintain records pertaining to all lobster purchases and shipments received. These records must be made available to the Department upon request and must comply with the following criteria:

Each license or permit holder must have a business address at which the records are maintained;

The records must be complete, accurate and legible;

The records must be sufficient to allow each container of processed lobster, lobster tails or parts to be traced back to the specific incoming source of lobster;

The records must be maintained in a permanently bound ledger book or other recording method approved by the Department; and

The records must be retained for a minimum of one year for fresh products and for a minimum of two years for frozen products.

A LPL license holder who also holds a Lobster Import/Export permit in accordance with Chapter 25.75 shall submit data on forms provided by the Department by January 1^st annually.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §§6851-B, 6857
EFFECTIVE DATE: October 23, 1985
EFFECTIVE DATE (ELECTRONIC CONVERSION): February 24, 1997
NONSUBSTANTIVE CORRECTIONS: February 24, 2000 - converted to MS Word
REPEALED AND REPLACED: July 1, 2010 – filing 2010-233
AMENDED: November 22, 2011 – Section 6.03 – filing 2011-409
AMENDED: July 8, 2014 – Section 6.03(A-C) – filing 2014-136
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 7 Requirements for Municipalities Having Shellfish Conservation Programs

Code Me. R. 13-188 Ch. 7 Requirements for Municipalities Having Shellfish Conservation Programs {#sec-13-188-ch.-7 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 7}

TITLE INDEX

7.10 Definitions

7.20 Shellfish Management Plan

7.30 Management Responsibilities

7.35 Revocation of Municipal Shellfish Conservation Ordinance

7.40 Municipal Licensing of Shellfish Harvesters

7.50 Municipal Shellfish Conservation Activities

7.70 Intertidal Mussel Harvesting by Drag or Dredge

7.80 Municipal Aquaculture Activities Report

7.10 Definitions

In addition to the definitions set forth in 12 M.R.S. §6001, the following definitions shall apply in interpretation of Chapter 7.

Shellfish. “Shellfish” means shellstock clams (surf clams, razor clams and soft-shelled clams; 12 M.R.S. §6001(41)), quahogs other than mahogany quahogs, and oyster shellstock (12 M.R.S. §6601(6)).

Municipal Conservation Closure. “Municipal Conservation Closures” means an area closed to shellfish harvesting by a municipality or regional program under a municipal ordinance and a municipal management plan, with permission from the Department, separate from the Growing Area classification, for specific reasons, such as, but not limited to, shellfish seeding, flat rotation or winter harvesting.

Shellfish Management Plan. “Shellfish Management Plan” is a written description of the biological measures used to accomplish the management provisions in the municipal shellfish conservation ordinance, including but not limited to an annual review, budget, and objectives for the following year.

Municipal Shellfish Conservation Ordinance. “Municipal Shellfish Conservation Ordinance” means a shellfish conservation program formally adopted by a municipality in accordance with 12 M.R.S. §6671(2) and (4) and follows the management provisions in accordance with 12 M.R.S. §6671(3).

Municipal Shellfish Transplant Permit. “Municipal Shellfish Transplant Permit” means a permit issued to a municipality or regional program by the Department to possess undersized shellfish from areas classified as approved, conditionally approved, restricted, conditionally restricted or prohibited. The permit allows the municipality or regional program to possess undersized shellfish for the purpose of reseeding shellfish areas. In the absence of a permit, the harvesters and the municipal or regional program are in violation of 12 M.R.S. §6681.

Period of issuance. “Period of issuance” means the first 90 days during which a municipality reserves or sells shellfish harvest licenses each year, unless a municipality chooses to issue unlimited licenses in which case it shall mean the period starting when the municipality begins to reserve or sell shellfish licenses for an effective license year until the last day of the effective license year.

Effective license year. “Effective license year” means any twelve month period designated by the municipality in which a shellfish harvesting license is effective.

7.20 Shellfish Management Plan

Any municipality that implements a municipal shellfish conservation program as authorized under 12 M.R.S. §6671, must, with the assistance of the Department of Marine Resources (Department), prepare and adopt a shellfish management plan which consists of:

A written statement of goals and objectives the municipality plans to achieve as a result of its conservation program; and

A description of the various conservation measures the municipality intends to employ to reach those goals. The measures may include but are not limited to licensing, limiting the number of shellfish harvesters, restricting the time (hours, days or portion of the year) and area where harvesting is permitted, limiting the minimum size of soft-shell clams, limiting the species or amount of shellfish taken daily by a license class of harvester, transplanting seeding of shellfish, and protecting the resource from predators by fencing, trapping or other means.

The Shellfish Management Plan must be accepted by the Department prior to the Department’s approval of a Municipal Shellfish Conservation Ordinance.

7.30 Management Responsibilities

Municipalities that have an approved Municipal Shellfish Conservation Ordinance shall

meet the requirements under 12 M.R.S. §6671 and the goals, objectives and conservation measures outlined in their Shellfish Management Plan; and they must implement the requirements outlined in this section. The municipality may appoint or elect a shellfish conservation committee to assist the municipality in executing its responsibilities. Municipal responsibilities include:

Establishing annually with approval from the Department at least 30 days prior to the period of issuance the number, type and fees of shellfish harvesting licenses to be issued (referred to as the “license allocation”) using a Department-approved form. The Department may require justification prior to approving changes to the license allocation.

Municipalities with an approved Shellfish Management Plan may be required to conduct resource surveys on a periodic basis of the commercially productive areas within the municipality classified as approved or conditionally approved, using Department-approved methods. The Department may require the municipality to conduct resource surveys prior to approving changes to their Municipal Shellfish Conservation Ordinance. The Department may require the municipality to conduct resource surveys prior to approving changes to their license allocation. The Department may also conduct resource surveys in lieu of or in conjunction with the municipalities.

Enforcing the municipal shellfish conservation ordinance by a Department certified Shellfish Warden including but not limited to requirements involving licensing and closures to shellfish harvest; and

Submitting annually, on a Department approved form, by April 1st, a complete and accurate Municipal Shellfish Management Plan Review, to the Department including the following information: statement of management goals and implementation actions, members of the shellfish committee or staff, shellfish committee meeting schedule, conservation credit information, summary of conservation closures/opening, summary of transplant activities, details on survey data, shellfish management activities undertaken, e.g. spat fall enhancement, predator controls, etc. and related expenses, number of shellfish harvest licenses sold, revenue from license sales and fines, funds raised or appropriated for shellfish management, and summaries of municipal wardens' activities for municipally managed areas.

7.35 Revocation of Municipal Shellfish Conservation Ordinance

If a municipality violates or fails to enforce any provision of Chapter 7 or of the approved Municipal Shellfish Conservation Ordinance, or fails to meet Shellfish Management Plan objectives, the Commissioner may revoke approval of the Municipal Shellfish conservation ordinance. Prior to such revocation, the Commissioner shall give written notice to the municipality of the violation or failure, by certified mail, and of the Department’s intention to revoke its approval and the basis for the revocation. The municipality has 30 days to respond in writing as to how it may correct the violation or failure or may request a hearing on the matter in accordance with the following paragraph.

The Commissioner shall advise the municipality it has the right to request that an adjudicatory hearing be held before the Department in conformity with 5 M.R.S., Chapter 375 subchapter IV prior to a making a final decision whether to revoke approval. The hearing request must be in writing and must be received by the Department no later than 10 days after receipt by the municipality of the notice of the Commissioner’s intent to revoke the approval of that municipality's shellfish conservation ordinance.

If the Commissioner revokes their approval, the Municipal Shellfish Conservation Ordinance shall, as of the date specified in the Commissioner's revocation notice, no longer be in effect and the area shall thereafter be governed by applicable state law and Department regulation.

7.40 Municipal Licensing of Shellfish Harvesters

The number of shellfish licenses allocated to municipal residents and nonresidents shall be established by the municipality and approved by the Commissioner prior to the period of issuance (Chapter 7.10(6)). Licenses unsold after the period of issuance shall be made available to residents and nonresidents alike on a first come, first served basis or by lottery using an official, written list that is posted publicly. Licenses unsold during the period of issuance shall be issued for the original allocated fee in each category regardless of residency. The period of issuance for resident and nonresident licenses for municipalities with limited license allocations shall be the same in accordance with 12 M.R.S. §6671(3-A). Resident and non-resident licenses in each license category must be made available on the same date.

Towns with unlimited commercial or recreational license allocations shall make available and issue if applicable on the first day of license sales, to qualifying non-residents, no less than 10% of the total number of resident licenses issued in the previous year. Thereafter, non-resident licenses will be issued according to the 10% rule in accordance with 12 M.R.S. 6671(3-A)(E) and (F).

In accordance with 12 M.R.S. §6671(3-A)(E) and (F), the application of the minimum 10% ratio for allocation and issuance of nonresident commercial and recreational licenses is summarized in Table 1.

Municipalities may issue more than the minimum number of non-resident licenses listed.

Table 1.

Number of Resident licenses: Number of Non-resident licenses:

1-5 0

6-10 1

11-20 2

21-30 3 etc.

Municipal shellfish license applicants who complete conservation time (or conservation credit activities) in order to be eligible for a municipal shellfish license according to the Municipal Shellfish Conservation Ordinance, shall remain eligible until they have been issued or offered a shellfish license by the municipality so long as the applicant applies annually for the license.

7.50 Municipal Shellfish Conservation Activities

Request for Municipal Shellfish Conservation Closure/Opening

Municipal Shellfish Conservation Closure/Opening applications will be reviewed by the Department and permits will be issued based on the applicant’s ability to meet the criteria for any conservation action.

Municipalities must apply at least 20 days prior to the requested date, in writing on Department approved forms to the Department for a conservation closure or opening.

Notification. The Municipality shall provide sufficient notification to the public of any conservation closure or opening by publishing, advertising and/ or posting in public places, an official municipal closure or opening notice signed by the Shellfish Warden or the Department issued permit, five (5) days prior to the initial closure or opening date. The method of notification must be approved by the Department prior to issuance of the permit.

Municipal shellfish transplant and closed area survey permit requirements

Except as provided in 7.50(2)(D), a municipality or regional program with a Municipal Shellfish Conservation Ordinance must have a permit from the Department to possess seed regardless of source (wild or hatchery). In the absence of a permit, the harvesters and the municipal or regional program are in violation of 12 M.R.S. §6681. Municipalities must apply at least 20 days prior to the requested date in writing on Department approved forms to the Department for a Shellfish Transplant Permit.

The supervisor must keep accurate records on a Department approved form (Activity Log) and a copy of the Activity Log must be sent to the Department within 30 days of the activity.

Shellfish moved from Growing Areas classified as restricted, conditionally restricted in the open status or prohibited must be transplanted to areas closed by the Department for specified amounts of time. Only seed, as defined by DMR Chapter 2.95(1)(D), may be transferred from Growing Areas classified as prohibited. The Department may issue a permit for such activities at the Commissioner’s discretion based on an assessment of the overall performance of the Municipal Shellfish Conservation Ordinance and the municipality’s ability to control prohibited and restricted area transplant activities and enforce closed areas. In order to transplant shellfish:

The Municipality must have a Warden with either a current part-time (LEPS) or full-time law enforcement (BLETP) certification from the Maine Criminal Justice Academy and certification.

The warden must be employed by the town for a minimum of 20 hours a week.

Seed purchased from out-of-state hatcheries require an Application for Importation, Introduction and/or Relay of Shellfish into Maine Coastal Waters pursuant to Chapter 24.10. Municipalities or regional programs must apply at least 30 days prior to the requested event, in writing, to the Department.

In accordance with 12 M.R.S. §6073-A, a municipality or regional Shellfish Committee holding a Limited Purpose Aquaculture License (LPA or Municipal LPA) issued under 12 M.R.S. §6072-C is exempt from any requirement regarding the time of taking or possessing, minimum or maximum length or other minimum or maximum size requirement for any marine organism cultivated on the LPA site and identified in the Municipal Shellfish Conservation Ordinance. This exemption applies only to those organisms actually cultivated on the licensed area and to seed from approved hatcheries being placed on the LPA site.

A municipality or regional Shellfish Committee holding a Limited Purpose Aquaculture License (LPA or Municipal LPA) issued under 12 M.R.S. §6072-C must have a Shellfish Transplant Permit from the Department of Marine Resource prior to removing marine organisms from the LPA site. Municipalities must apply at least 20 days prior to the requested date in writing on Department approved forms to the Department for a Shellfish Transplant Permit. The supervisor must keep accurate records on a Department approved form (Activity Log) and a copy of the Activity Log must be sent to the Department within 30 days of the activity.

A municipality or regional program with a shellfish ordinance may not allow surveying, sampling, or harvesting of shellfish in areas closed by regulation of the Commissioner, except with express written authorization from the Commissioner. In order to conduct a shellfish resource survey in an area closed by regulation of the Commissioner, a municipality must apply at least 20 days prior to the requested date in writing on a Department approved form to the Department for a Closed Area Survey Permit. The supervisor must submit survey results to the Department within 30 days of the survey.

Once a Shellfish Transplant Permit or Closed Area Survey Permit is issued, a municipality or regional program must adhere to the following requirements while transplanting shellfish from, or surveying shellfish in, Growing Areas classified as restricted, conditionally restricted in the open status, or prohibited areas:

The transplanting or surveying must take place during daylight hours.

The transplanting or surveying may only take place on the day(s) designated in the permit unless the municipal or regional program secures written permission from the Department.

The transplanting or surveying may only take place under the supervision of the municipal shellfish warden.

The transplant or survey supervisor shall have a copy of the permit with them at all times during the activity. Absence of a permit shall be prima facie evidence of a violation of this regulation.

The harvest crew must remain in the permitted source or survey area under immediate supervision of the municipal shellfish warden at all times.

Any harvesting violation shall nullify and void the permit. Any failure to comply with permit conditions shall be grounds for refusal of future permit applications until the Commissioner deems the municipality can meet the permit conditions.

The permit holder must notify Marine Patrol the morning of the transplant or survey. The information required for Marine Patrol includes, but is not limited to, the following:

The name and contact information of the transplant or survey supervisor.

The date(s) and time(s) of the transplant or survey.

The source area and the transplant area, or the survey area.

Transplant permits only: the method and route of the transportation of seed to the transplant area.

Transplant permits only: the departure point from the harvest area and the point of arrival for the transplant area.

7.70 Intertidal Mussel Harvesting by Drag or Dredge

Municipal responsibilities. A municipality with an approved municipal shellfish conservation program may specify intertidal areas to be limited for mussel harvesting by drag in accordance with 12 M.R.S. §6671. The municipality’s specified intertidal areas and procedures for enforcement shall be submitted to the Commissioner for approval as part of its Municipal Shellfish Conservation Ordinance. Once these specified areas are approved, they will be posted on the Department’s website. The municipality shall provide sufficient notification to the public of any area limited for mussel harvesting by drag by publishing, advertising and/or posting in public places, an official municipal notice signed by the shellfish warden five (5) days prior to the initial implementation date. The method of notification must be approved by the Department prior to approval of areas limited for mussel harvesting by drag.

Upon receipt of a request for a recommendation regarding a permit, presented in accordance with Chapter 7.70(2), the municipality shall provide its recommendations to the applicant within 30 days.

Intertidal mussel harvesting permits. Prior to issuance of an Intertidal Mussel Harvest permit in an approved, municipally defined area(s), the applicant shall submit their application to the Department who will forward it to the municipality. The completed permit application, and municipal recommendation must be provided to the Department by the respective party for permit consideration, in accordance with 12 M.R.S. §6671(3)(A)(5).

The application shall include the harvester’s name, address, business phone, email address, fax number, vessel name and registration number, mussel harvesting license number, locations selected, start and end dates of harvest activity, targeted quantity of seed mussels and or market size product, and date of application.

Compliance. Any failure to comply with permit conditions shall be grounds for refusal of future permit applications until the Commissioner deems the applicant can meet the permit conditions.

7.80 Municipal Aquaculture Activities Report

In accordance with 12 M.R.S. §6673(3) the municipality shall submit an annual report, on forms provided by the Department, to the Commissioner on its permitted aquaculture sites.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. § 6671
EFFECTIVE DATE: April 1, 1986
AMENDED: August 25, 1998 – Sections 7.10, 7.30, 7.40
AMENDED: May 18, 1999 – Section 7.40
AMENDED: November 24, 2008 – Section 7.70 added
AMENDED: October 7, 2014 – Sections 7.10, 7.20, 7.30, 7.40, 7.50, 7.60 (becomes 35), 7.70 amended;
AMENDED: Section 7.80 added
AMENDED: August 21, 2018 – Sections 7.10(6), 7.20, 7.30, 7.40, 7.50, 7.70
AMENDED: March 19, 2024 – Sections 7.10, 7.30, 7.40, 7.50, 7.70 – filing 2024-064
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 8 Landings Program

Code Me. R. 13-188 Ch. 8 Landings Program {#sec-13-188-ch.-8 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 8}

TITLE INDEX

8.01 Definitions

8.02 Compliance

8.05 Primary Buyers’ Permit

8.10 Primary Buyer Permit Reporting

8.20 Harvester Reporting

8.01 Definitions

Except as modified, the definitions contained in 12 M.R.S. §6001 shall apply to this Chapter, in

addition to the following;

Dealer License. “Dealer License” means Seaweed, Wholesale, Retail, Marine Worm or Elver dealer license as defined in §6803-A, §6851, §6852, §6853 and §6864.

Dealer. “Dealer” means any person who holds a Dealer License and buys, sells, barters o

distributes for commercial purposes, other than solely for transportation, any marine

organism.

Harvester. “Harvester” means a licensed person who removes marine organisms (plants

or animals) from the marine environment for personal or commercial use.

Primary Buyer. “Primary Buyer” means a Dealer who buys or obtains catch directly from

any licensed harvester.

Catch. “Catch” means all species removed from the marine environment by a licensed

harvester.

Landing. “Landing” means all harvested marine specie(s), in numbers or amounts, brought

to shore and retained at the end of a trip.

Contact information. “Contact information”, unless otherwise noted, means the

Department of MarineResources (DMR), Landings Program, P.O. Box 8, West Boothbay Harbor, Maine 045750008; telephone: (207) 633-9500; fax: (207) 633-9579.

Carred or Carred catch. “Carred” or “Carred catch” means an aggregate of marine organisms that have been combined from more than one trip.

Trip. “Trip” means beginning and ending of a harvesting occurrence unique to one area and

Onegear.

8.02 Compliance

Dealers and harvesters must comply with reporting requirements in this Chapter. Data collected pursuant to this Chapter is subject to the confidentiality provisions of 12 M.R.S. §6173 and DMR regulations Chapter 5. Any misrepresentation of information in connection with the reporting requirements of this chapter shall be a violation of this rule. All data and reports shall be submitted to the Department of Marine Resource’s Landing Program unless specifically noted otherwise. See contact information in Chapter 8.01(7) above unless specifically noted otherwise. All data and reports shall be submitted to the Department by the 10^th day of the following month unless otherwise noted; for example, reports for the month of January must be submitted by the dealer or harvester in time for the report to arrive at the Department by February 10^th, unless otherwise noted. All data sent to DMR must be legible, coherent and in conformance with DMR specified standards.

8.05 Primary Buyers’ Permit

Persons that hold any dealer license and buys or transfers any marine organisms directly from harvesters must obtain a Primary Buyer permit. There will be no additional charge for this permit.

Applicable licenses include: Wholesale Seafood license holders including dealers that hold an additional permit for urchins or shrimp (12 M.R.S. §6851); Wholesale Seafood license holders with lobster permit (12 M.R.S. §6851(2-A)); retail seafood license holders (12 M.R.S. §6852); marine worm dealer license holders (12 M.R.S. §6853); elver dealer license holders (12 M.R.S. §6864); and Shellfish Sanitation and Certificate holders (12 M.R.S. §6856(1)).

8.10 Primary Buyer Permit Reporting

Primary Buyers shall report all transactions pertaining to buying any marine organism directly from harvesters on a trip level basis. The following data elements shall be reported to the DMR on approved paper forms or through approved electronic reporting mechanisms:

Dealer name (as it appears on the dealer license) & license number
Designate negative report period if no transactions purchased from harvesters
Date purchased/ & date landed
Harvester identification & vessel identification
Species
Amount
Grade & market category
Gear type (fishing method)
Disposition
Port landed
Indicate if catch was carred
Ex-vessel value (monthly average)
Signature written or electronic

All data sent to DMR shall be legible, coherent and conform to DMR specified standards.

Additional data elements and requirements for specific fisheries:

Urchin: must report percent roe; number of harvesters or boats; and price/lb. by trip. 1. Dealers may be charged a fee to cover the Department’s costs to produce the log books and for statistical analysis of the data. 2. Urchin dealers shall submit reports electronically to the Department using an approved electronic format on a daily basis for the entire urchin fishing season. The reporting period begins daily at 12:01 a.m. Eastern Standard Time and ends at 12:00 midnight. Reports must be received by the Department by 2:00 p.m. of the following day, including the day following the last day of the season. If a correction is needed following the entry of a transaction, the dealer shall contact the Department directly to request the correction. If an extension of time is needed, the dealer shall contact the Department directly to request the extension. In the event of any failure of the reporting software or equipment, the Commissioner may authorize the use of paper reports until such time as the system is operational.

Herring. Any Primary Buyer shall report weekly to the Department's Landings Program. Reports required in this section must be submitted electronically to DMR using an approved electronic format, such as the Standard Atlantic Fisheries Information System (SAFIS), file uploading, or Trip Ticket software. The reporting week begins on Sunday at 0001 hrs (12:01 a.m.) local time and ends Saturday at 2400 hrs (12:00 midnight). Reports must be submitted by midnight Tuesday, three days after the end of each reporting week. Dealers who want to make corrections to their trip-level reports may do so for up to 3 business days following submission of the initial report. If a correction is needed more than 3 business days following the submission of the initial trip-level report, the dealer must contact DMR directly to request an extension of time to make the correction.

Dealers must provide the following information:

Dealer ID

Trip start date

Landing date

Harvester ID

Vessel ID (Hull ID)

Gear type

Species, market size and grade

Quantity and unit

Disposition

Daily price per unit

Port landed

Elver. Elver dealers must report price per unit of measure on a transaction level basis. DMR-provided reporting software must be synchronized for updates to the reporting system prior to the purchase of elvers on each fishing day as defined in Chapter 32.01(4).

Spiny dogfish. Any Primary Buyer shall report to the Department's Landings Program. Reports required in this section must be submitted electronically to DMR using an approved electronic format, such as the Standard Atlantic Fisheries Information System (SAFIS), file uploading, or Trip Ticket software. The reporting week begins on Sunday at 0001 hours (12:01 a.m.) local time and ends Saturday at 2400 hours (12:00 midnight). Reports must be submitted by midnight Tuesday, three days after the end of each reporting week. Dealers who want to make corrections to their trip-level reports may do so for up to 3 business days following submission of the initial report. If a correction is needed more than 3 business days following the submission of the initial trip-level report, the dealer must contact DMR directly to request an extension of time to make the correction.

Dealers must provide the following information:

Dealer ID

Trip start date

Landing date

Harvester ID

Vessel ID (Hull ID)

Gear Type

Species, market size and grade

Quantity and unit

Disposition

Price per unit

Port landed

Seaweed. Prior to January 30^theach year, persons licensed pursuant to 12 M.R.S. §6803-A (seaweed buyer’s license), who purchased more than 10 wet tons in the previous calendar year directly from permitted seaweed harvesters, shall pay a surcharge of $1.50 per wet ton. The surcharge is payable to Department of Marine Resources, mailing address, DMR Licensing Division, attn: seaweed surcharge, SHS 21, Augusta, Maine 04333-0021.

Shrimp. A dealer who holds a Wholesale Seafood license with shrimp permit (12 M.R.S. §6851(2-D)) shall report all landings bought from harvesters (including any marine organism) to DMR on a weekly basis for the entire shrimp season as specified in DMR regulations Chapter 45.05. The reporting week begins on Sunday at 0001 hours (12:01 a.m.) local time and ends Saturday at 2400 hours (12:00 midnight). Reports must be postmarked or received at the DMR by 1700 hours (5:00 p.m.) Tuesday, three days after the end of each reporting week.

8.20 Harvester Reporting

Green crabs [REPEALED].

Sea cucumber (previously Chapter 27.03(F)). Each holder of a sea cucumber endorsement is required to report fishing activity and landings on forms supplied by the Department. Reporting is required on a daily basis and must be mailed to the Department weekly. No fishing activity will be reported as “did not fish” on the forms. The reports must include the following information:

Location or locations of fishing activity by longitude and latitude

Date(s) fished

Time at sea

Time fished

Catch in pounds or totes

Number of tows

Port of landings

Name of buyer and date of sale

Price in pounds or totes

Approximate depth(s) where fishing occurred

Length of tows in minutes

Seaweed (previously Chapter 29.10). Each seaweed harvester required to be licensed under 12 M.R.S. §6803 must report harvesting activity for all seaweed species on forms supplied by the Department. Records must be kept on a daily basis, and the report must be mailed to the Department monthly. Reports for each month’s activity shall be mailed to the Department within 10 days of the end of the month. The report must include the following information for each day that harvesting occurs:

1. Name, permit number and phone number of licensed harvester; 2. Date(s) harvested; 3. Harvest area (sector # - where applicable), bay, cove, river, ledge and or island); 4. County and town (use town codes provided, per instructions); 5. Harvesting methods (hand, knife, rake, mechanical, diver); 6. Total harvest time (number of hours); 7. Seaweed species; and 8. Pounds landed (wet).

Horseshoe crabs (previously Chapter 31.05(A)). Holders of a horseshoe crab permit must report annually by November 1^st to the Department on the total number of horseshoe crabs harvested, along with such other information as the Commissioner deems necessary for the conservation and management of the horseshoe crab resource.

Eel harvest (previously Chapter 32.04). Any person holding an eel harvesting license is required to report fishing activity and landings on forms supplied by the Department. Reporting is required on a daily basis and must be mailed to the Department monthly. No fishing activity will be reported as “did not fish” on the forms. The reports must include the following information:

Harvester name, year of harvest, license number, and phone number;

Date(s) harvested;

Gear type and quantity;

Set time (hours);

Species;

Total weight (pounds or kilograms) of harvested eels for the set time;

Disposition of catch (food or bait);

Port landed;

Dealer sold to; and

Area fished (river; embayment; offshore bycatch).

The data will be summarized by the Department and will be made available on request to the public 45 days after the receipt of the data forms in accordance with the confidentiality provision of 12 M.R.S.§6173.

Atlantic halibut (previously in Chapter 34.10(1)(B)(4)(b)(vi)). Persons who are authorized to commercially fish for Atlantic halibut in the territorial waters of Maine will be required to submit trip level catch reports on a weekly basis during the halibut season for landings from Maine’s territorial waters. If no halibut landings occurred during the week, a negative catch report is required. The reporting week begins on Sunday at 0001 hours (12:01 a.m.) local time and ends Saturday at 2400 hours (12:00 midnight). Reports must be submitted by midnight Monday, two days after the end of each reporting week, including the week following the last day of the season. Harvesters shall submit catch reports to DMR through an approved electronic reporting mechanism. Harvesters who possess a Federal Northeast Multispecies permit authorized for halibut fishing are exempt from state reporting. The catch report must include the following information:

Harvester name & landings number

Boat name and hull ID

Designate negative report period if no harvesting activity occurred

Date fished & landed

Number of crew (including captain)

Gear type and quantity

Number of sets

Set time (hours gear fished)

H-1. Total number of hooks fished

Depth (in fathoms)

Area fished

Sea time (including steaming time)

Species caught including bycatch and sub-legal halibut, quantity & unit of measurement

Total length of halibut retained or released

Research tag number of halibut released or recaptured

Landings number of dealer sold to or if not sold to a licensed dealer, disposition of catch

Port landed

Signature written or electronic

(Intentionally blank)

Shrimp (previously Chapter 45.24). All Maine licensed shrimp harvesters must report daily fishing information for shrimp that are landed in Maine, to the Department, according to written instructions on forms provided by the Department. Fishing vessel trip reports must include the following information:

Vessel name;

Vessel state registration number (or United States Coast Guard Documentation Number);

Vessel permit number;

Date/time sailed;

Trip type;

Number of crew;

Gear fished;

Mesh size;

Quantity and size of gear;

Chart area fished;

Average depth;

Latitude/longitude;

Total hauls per area fished;

Average tow/soak time;

Pounds by species of all species landed or discarded;

Dealer permit number;

Dealer name;

Date sold;

Port and state landed;

Date/time landed;

Vessel operator’s name;

Signature;

Shrimp license number; and

Any other information or instructions deemed necessary.

Shellfish bait permit (previously in Chapter 49). All shellfish bait permit holders are required to provide the Department the following information on forms supplied by the Department:

Daily record of sales;

Record of closed areas fished;

Ports landed; and

Daily record of clams harvested by shucked weight.

(Intentionally blank)

Elver harvest. Any person holding an elver harvesting license is required to report fishing activity and landings on forms supplied by the Department. Reporting is required on a daily basis and must be mailed to the Department monthly. No fishing activity will be reported as “did not fish” on the forms. The reports must include the following information:

Harvester name, year of harvest, license number, and phone number;

Date(s) harvested;

Gear type and quantity;

Set time (hours);

Species;

Total weight (pounds or kilograms) of harvested eels for the set time;

Port landed;

Dealer sold to; and

Area fished (river; embayment; offshore bycatch).

Menhaden harvest. Any person that holds a commercial menhaden fishing license under 12 M.R.S. §6502-C must submit daily catch reports during the state and episodic fisheries; and, weekly catch reports during the small scale fishery. Catches from fixed gear must be included in these reports. Any person that holds more than one commercial menhaden fishing license must report for each license they hold. Any person that holds a noncommercial menhaden fishing license under 12 M.R.S. §6502-C must submit daily catch reports weekly. Reports are required even if the menhaden caught during the week have not been landed. The following data elements must be reported to the DMR through approved electronic reporting mechanisms:

Harvester name (as it appears on the harvesting license) and landings number

Boat name and state vessel registration number or Coast Guard number (if a boat was used)

Designate negative report period if no harvesting activity occurred

Date fished & landed

Number of crew (including captain)

Gear type and quantity

Number of sets/tows

Set time (the average time your gear fished)

Average depth

Latitude and longitude

Sea time (including travel)

Pounds by species of all species caught (including discards)

Landings number of dealer sold to, or if not sold to a licensed dealer, disposition of catch and whether catch was carred

Port landed

Signature written or electronic

Lobster harvest

Ten percent of the lobster and crab fishing license holders, except lobster apprentices, during a given calendar year will be randomly selected to report the listed data elements for the following calendar year with the exception that all (100%) of lobster and crab fishing license holders, except lobster apprentices, of the Monhegan Island Lobster Conservation Area must report each year. With the exception of lobster and crab fishing license holders of the Monhegan Island Lobster Conservation Area, no individual can be selected to report in two consecutive years.

Any person that holds a Class I, II, or III, student or noncommercial lobster and crab fishing license issued under 12 M.R.S. §6421(A, B, C, E, F and G) and is selected for reporting must report trip level fishing activity on forms supplied by the Department. The following data elements must be reported to the DMR on approved paper forms or through approved electronic reporting mechanisms:

Effective January 1, 2023:

Any person that holds a license that authorizes that person to fish for lobster except for noncommercial and apprentice licenses, must report trip level fishing activity. The following data elements must be reported to the DMR through approved electronic reporting mechanisms:

1. Harvester name (as it appears on the harvesting license) and license number 2. Boat name and hull ID 3. Designate negative report period if no harvesting activity occurred 4. Date fished 5. Number of crew 6. Gear type and number of traps hauled 7. Set time (hours the gear soaked) 8. Total gear in water 9. Depth 10. Primary Statistical area, lobster zone and 10 minute square where gear hauled this trip was fished 11. Sea time (including travel) 12. Pounds of species landed 13. License of dealer sold to or if not sold to a licensed dealer, disposition of catch and whether catch was carred 14. Port landed 15. Signature, written or electronic 16. Number of strings hauled. For purposes of this section, a string means a single trap or multiple traps connected by a groundline. 17. Number of endlines – Count of total endlines in the water

All data sent to DMR must be legible, coherent and in conformance with DMR specified standards.

Scallop harvest. Any person that holds a license that authorizes that person to fish for scallops must report trip level fishing activity once per week no later than 11:59 p.m. Sunday for any landings occurring from Monday 12:01 a.m. through Sunday 11:59 p.m. If no landings occur during the week, a negative landing report is required. The following data elements must be reported to the DMR through approved electronic reporting mechanisms:

Harvester name (as it appears on the harvesting license) and license number
Boat name and hull ID
Designate negative report period if no harvesting activity occurred
Date fished & landed
Number of crew (including captain)
Gear type and quantity
Number of sets/tows/dives
Set time (average time fished per set/tow or average dive time)
Average depth
Latitude/longitude
Sea time (including travel)
Pounds of species landed
License of dealer sold to, or if not sold to a licensed dealer, disposition of catch and whether catch was carred
Port landed
Signature, written or electronic

Urchin harvest. Any person that holds a handfishing sea urchin license, sea urchin hand-raking and trapping license or sea urchin dragger license (12 M.R.S. §6748, §6748-A or §6748-D) must report detailed trip and area level fishing activity on forms supplied by the Department. The following data elements must be reported to the DMR on approved paper forms or through approved electronic reporting mechanisms:

Harvester name (as it appears on the harvesting license) and license number

Boat name and hull ID

Designate negative report period if no harvesting activity occurred

Date fished & landed

Number of crew (including captain and all divers)

Gear type

Number of sets/tows/dives

Set time (average time fished per set/tow or average dive time)

Type of habitat

Average depth

Latitude/longitude

Sea time (including travel)

Pounds of urchins landed

License number of dealer sold to

Port landed

Signature, written or electronic

Pelagic and anadromous fishing harvest. Any person who holds a license that authorizes that person to fish for the species authorized by the Commercial Pelagic and Anadromous fishing license must report trip level fishing activity on forms supplied by the Department. The following data elements must be reported to the DMR on approved paper forms or through approved electronic reporting mechanisms:

Harvester name (as it appears on the harvesting license) and landings number

Boat name and state vessel registration number or Coast Guard number (if a boat was used)

Designate negative report period if no harvesting activity occurred

Date fished & landed

Number of crew (including captain)

Gear type and quantity

Number of sets/tows

Set time (the average time your gear fished)

Average depth

Latitude and longitude

Sea time (including travel)

Pounds by species of all species authorized by the Commercial Pelagic and Anadromous license caught (including discards)

Landings number of dealer sold to, or if not sold to a licensed dealer, disposition of catch and whether catch was carred

Port landed

Signature written or electronic

Herring harvester permit. Any person that holds a license that authorizes that person to fish for herring must submit trip level catch reports by 11:59 p.m. daily between June 1^st and December 30^th; and, monthly outside of the season. Catches from fixed gear must be included in these reports. Any person that holds more than one license that authorizes that person to fish for herring must report for each license they hold. Reports are required even if the herring caught during the week have not been landed. The following data elements must be reported to the DMR through approved electronic reporting mechanisms:

Harvester name (as it appears on the harvesting license) and landings number

Boat name and state vessel registration number or Coast Guard number (if a boat was used)

Designate negative report period if no harvesting activity occurred

Date fished & landed

Number of crew (including captain)

Gear type and quantity

Number of sets/tows

Set time (the average time your gear fished)

Average depth

Latitude and longitude

Sea time (including travel)

Pounds by species of all species caught (including discards)

Landings number of dealer sold to, or if not sold to a licensed dealer, disposition of catch and whether catch was carred

Port landed

Signature written or electronic

Atlantic herring reports are not required from Atlantic herring carrier vessels.

Aquaculture license holder. Effective January 1, 2021 any person that holds an Aquaculture License issued under 12 M.R.S. §6810-B and is authorized to grow any species other than finfish on a lease issued under 12 M.R.S. §6072, §6072-A or §6072-B or a license issued under 12 M.R.S. §6072-C must report harvesting activity to the Department. The following data elements must be reported to the DMR on approved paper forms or through approved electronic reporting mechanisms:

Harvester name (as it appears on the aquaculture license)

Landings number

Designate negative report period if no harvesting activity occurred

Year of report

Month of report

LPA or Site ID

Species

Quantity

Quantity Unit

Price (Average)

Price Unit

Landings number of dealer sold to, or if not sold to a licensed dealer, the disposition of the harvest

Port landed

Signature, written or electronic

Mussel harvest. Effective January 1, 2022, any person that holds a hand-raking mussel license or a mussel boat license issued under 12 M.R.S. §6745 or §6746 must report trip level fishing activity on forms supplied by the Department. The following data elements must be reported to the DMR on approved paper forms or through approved electronic reporting mechanisms:

Harvester name (as it appears on the harvesting license) and license number

Boat name and hull ID

Designate negative report period if no harvesting activity occurred

Date fished & landed

Number of crew (including captain)

Gear type and quantity

Number of sets/tows

Set time (average time fished per set/tow or average time raking)

Average depth

Latitude/longitude

Sea time (including travel)

Pounds of species landed

License of dealer sold to, or if not sold to a licensed dealer, disposition of catch

Port landed

Signature, written or electronic

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §§6171, 6173
EFFECTIVE DATE: December 17, 2003 – filing 2003-467
AMENDED: December 17, 2003 – Section 8.05
AMENDED: December 17, 2003 – Section 8.10(B)
AMENDED: July 24, 2006 – Section 8.10(C)
AMENDED: March 4, 2007 – Sections 8.01(A)(7), 8.10(E), 8.20(E), 8.20(L)
AMENDED: June 25, 2007 – Sections 8.01, 8.02, 8.05, 8.10
AMENDED: June 25, 2007 – Sections 8.10(C)(4), 8.20(M)
AMENDED: September 24, 2007 – Section 8.20(F)
AMENDED: November 6, 2007 – Section 8.20(N)
AMENDED: September 23, 2008 – Section 8.20(O)
AMENDED: December 21, 2009 – Section 8.30(N)(A)(16)
AMENDED: December 21, 2009 – Sections 8.01(A)(1), 8.10(C)(5), 8.20(C)(3)
AMENDED: August 23, 2010 – Section 8.20(P)
AMENDED: October 26, 2010 – Section 8.20(G,H,K,M,Q,R)
AMENDED: November 22, 2011 – Section 8.10(C)(6)
AMENDED: July 23, 2012 – Section 8.20(P)
AMENDED: March 25, 2013 – Section 8.10(C)(3) (EMERGENCY)
AMENDED: July 25, 2013 – Section 8.20(P)
AMENDED: December 24, 2013
AMENDED: March 29, 2014 – Section 8.10(C)(3) (EMERGENCY)
AMENDED: May 6, 2014 – Section 8.10(C)(3) (EMERGENCY)
AMENDED: July 8, 2014 – Section 8.20(P)
AMENDED: August 10, 2014 – Sections 8.02, 8.20
AMENDED: August 8, 2015 – Section 8.10(B)
AMENDED: March 13, 2019 – Section 8.20(F,I,O)
AMENDED: November 13, 2019 – Section 8.20(N,R)
AMENDED: March 15, 2020 – Section 8.10(C), 8.20(M,R)
AMENDED: January 1, 2021– Section 8.20(S)
AMENDED: June 1, 2021 – Section 8.20(M) (EMERGENCY)
AMENDED: August 10, 2021 – Section 8.20(M)
AMENDED: October 31, 2021 – Section 8.20(T) added
AMENDED: April 26, 2022 – Section 8.20(F)
AMENDED: November 1, 2022 – Sections 8.20(N,O,R,Q)
AMENDED: April 22, 2025 – Section 8.20(F,M,R) – filing 2025-092
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 9 Harvester: Shellstock Harvesting, Handling and Sanitation

Code Me. R. 13-188 Ch. 9 Harvester: Shellstock Harvesting, Handling and {#sec-13-188-ch.-9 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 9}

SANITATION

TITLE INDEX

9.01 Compliance

9.02 Shellstock Washing

9.03 Protection from Contamination

9.04 Shellfish Harvester Vessels

9.05 Conveyances Used to Transport Shellstock

9.06 Shellstock Tagging and Labeling

9.07 Shellfish Aquaculture

9.08 Shellstock Time to Temperature Controls

9.09 Non-compliance

APPENDICES

Appendix A Ref. 9.06(6): Example Harvester Tags

9.01 Compliance

Closed area compliance. Harvest of shellstock is prohibited in areas that are closed due to marine biotoxins pursuant to Chapter 96 and bacterial pollution pursuant to Chapter 95, and in those areas that may be closed by the Department. For details about closure lines contact Marine Patrol Division I, west of Port Clyde, Tel. (207) 633-9595 or Marine Patrol Division II, east of Port Clyde, Tel. (207) 667-3373, or telephone the Shellfish Sanitation Hotline at 1-800-232-4733 or on the web at: http://www.maine.gov/dmr/shellfish%20sanitation%20hot%20line.htm.

Commingling of shellstock is prohibited, except that primary dealers, as defined in Chapter 15.02(65), who are authorized by the Department in accordance with Chapter 16.21(C), may commingle shellstock.

Harvesters may not conduct wet storage activities. Wet storage of shellstock is prohibited, except by certified dealers pursuant to a current permit issued by the Department in accordance with Chapter 15.

Harvesters licensed pursuant to 12 M.R.S. §6601, §6731, §6732, §6745 and §6746 may sell shellstock the holder has taken only to wholesale seafood license holders certified in accordance with §6856.

Exception. A harvester license holder may sell shellstock the holder has taken from that license holder’s home in the retail trade pursuant to §6601 and to the holder of an enhanced retail seafood license pursuant to 12 M.R.S. §6852(2).

In cases where a harvester is also a certified dealer, until the shellstock harvested by the licensee is sold to a wholesale seafood license holder certified under §6856, the licensee shall comply with all harvester laws and rules.

Shellstock harvested by a licensed shellfish harvester shall be tagged, with the harvester tag pursuant to Chapter 9.06, at the harvest location (Chapter 9.06(A)) and until the first point of sale, to a certified dealer’s permanent facility unless otherwise described below:

Exception. For mussels, quahogs (includes mahogany quahogs), surf clams and oysters at the point of landing pursuant to Chapter 15.18 and 15.19; and

Shellstock harvested by persons who are issued an aquaculture lease pursuant to 12 M.R.S.A. §6072 or §6072-A, a limited-purpose aquaculture (LPA) license pursuant to 12 M.R.S.A. §6072-C and persons permitted pursuant to Chapter 24.05 who hold a valid shellfish harvester license and are certified pursuant to 12 M.R.S.A. §6856 shall be landed with a harvester tag attached pursuant to Chapter 9.06, and such tag shall remain in place until the shellstock is processed and ready for shipment, at which point the certified dealers tag shall be affixed in accordance with Chapter 15.18.

Shellstock harvested by licensed mussel and mahogany quahog draggers shall be tagged with a harvester tag pursuant to Chapter 9.06 until the first point of sale at the certified dealer’s permanent facility unless the dealer affixes the tag at the point of sale pursuant to Chapter 15.18 and 15.19.

Shellstock harvested by licensed mahogany quahog and mussel draggers who are certified pursuant to 12 M.R.S.A. §6856 shall be landed with a harvester tag pursuant to Chapter 9.06 until product is processed, at which point the dealer tag shall be affixed pursuant to Chapter 15.18.

The Vibrio parahaemolyticus Control Plan (the “Vibrio Control Plan” or the “Control Plan”) applies specifically to American and European Oysters ( Crassostrea virginica and Ostrea edulis ) and Hard Clams (Mercenaria mercenaria) harvested from the areas described in Chapter 115.02. The Control Plan provides additional and more rigorous controls than those imposed by DMR Rules Chapters 9, 15, 16, 17, 18, 19, 20 and 22 to the handling of American and European Oysters and Hard Clams in the affected areas. Insofar as the Control Plan time and temperature requirements exceed those imposed by existing rules or are in addition to those imposed by existing rules, the relevant provisions of the Control Plan shall supersede the provisions of Chapters 9, 15, 16, 17, 18, 19, 20 and 22.

The Control Plan shall be complied with during the harvesting and handling of the above-described species, as conducted by harvesters, certified shellstock dealers, certified shellfish establishments (sometimes referred to as shellfish facilities or plants), shucker-packers, shellstock shippers and receivers, reshippers, depuration processors, enhanced retail seafood license holders and all others involved in the processes described in Chapters 9, 15, 16, 17, 18, 19, 20 and 22.

9.02 Shellstock Washing

Shellstock must be washed such as to be reasonably free of bottom sediments as soon after harvest as practicable.

Shellstock must be culled of dead, broken or gaping shellfish as soon after harvest as practicable and prior to presentation for direct market or delivery to a certified dealer.

The harvester must wash the shellstock using one of the following methods:

Wash the shellstock using water from a growing area classified as approved or conditionally approved in the open status at the time and place of harvest; or
If shellstock washing is not feasible at the time of harvest, the certified dealer shall be responsible for washing using only water from an approved source.

Shellstock may not be placed in containers of stagnant water.

Depuration harvesters may use growing area water in the restricted or conditionally restricted classification in the open status to wash shellstock at the time and place of harvest.

9.03 Protection from Contamination

Shellstock must be handled in a manner as to be protected from contamination. Examples of conditions creating a potential for contamination include, but are not limited to, shellstock transferred, held or transported with boat motors, engine oil, antifreeze, dead animals, dirty tarps, bilge water, polluted overboard water, closed area water, stagnant water, etc. Shellstock handled in a manner creating a potential for contamination shall be subject to immediate embargo and/or destruction as being of unsound or unknown quality, and therefore, unsafe for human consumption.

Containers used for storing shellstock must be fabricated from safe materials, cleaned and maintained in a manner and frequency as necessary to protect shellstock from contamination.

Shellstock held or washed in closed area water shall be subject to immediate embargo and/or destruction as being of unsound or unknown quality, and therefore, unsafe for human consumption.

Once landed, shellstock held or washed in water containing any other macro marine organism(s), such as lobsters, finfish, invertebrates, etc., shall be subject to immediate embargo and/or destruction as being of unsound or unknown quality, and therefore, unsafe for human consumption.

Shellstock placed in containers of stagnant water shall be subject to immediate embargo and/or destruction as being of unsound or unknown quality, and therefore, unsafe for human consumption.

9.04 Shellfish Harvester Vessels

Vessels

All harvester vessel operators must ensure that any vessel used to harvest, handle, transfer and/or transport shellstock is properly constructed, operated and maintained to prevent contamination, deterioration and decomposition of the shellstock.
Vessels and all other equipment coming into contact with shellstock during harvest, handling, transfer and/or transport of the shellstock must be constructed in a manner and with materials that can be cleaned and maintained, repaired and/or replaced.
Decks or the floor of an open vessel upon which shellstock are placed, and any containers in which the shellstock are placed, shall be constructed and or located as to prevent bilge water or polluted overboard water from coming into contact with the shellstock.
Bilge pump discharges must be located so that the discharge does not contaminate shellstock.
Boat decks and containers used in the harvest, handling, transfer and/or transport of shellstock must be: - 1. Kept clean with water from a growing area in the approved classification or in the open status of the conditionally approved classification; and 2. Provided with effective drainage.
When necessary, effective coverings shall be provided on harvest boats to protect shellstock from contamination including but not limited to exposure to sun, birds or other adverse conditions.
Cats, dogs and other animals must not be allowed on the vessel except for patrol dogs when accompanying security or police officers.

Disposal of Human Sewage from Vessels

Human sewage must not be discharged overboard from a vessel used in the harvesting of shellstock while the vessel is in the growing area.

An approved marine sanitation device (MSD), portable toilet or other sewage disposal receptacle must be provided on the vessel to contain human sewage.

Portable toilets must:

- 1. Be required on all boats when the vessel is in use for over 6 hours to contain human sewage; 2. Be used only for the purpose intended; 3. Be secured while on board and located to prevent contamination of shellstock by spillage or leakage; 4. Be emptied only into a sewage disposal system; 5. Be cleaned before being returned to the boat; and 6. Not be cleaned with equipment used for washing or processing food.

Use of other receptacles for sewage disposal may be approved by the Department if the receptacles are:

Constructed of impervious, cleanable materials and have tight fitting lids;

Meet the requirements in Chapter 9.04(2)(C); and

Labeled clearly with “Sewage only” or equivalent language.

9.05 Conveyances Used to Transport Shellstock

All conveyances used to transport shellstock to the original dealer must be properly constructed, operated and maintained to prevent contamination, deterioration and decomposition of the shellstock.

Conveyances and all other equipment coming into contact with shellstock during transport must be constructed in a manner and with materials that can be cleaned and maintained, repaired and/or replaced.

Containers on conveyances used in the transport of shellstock must:

Be kept clean;

Provide effective drainage; and

When necessary, be covered to provide protection from contamination.

When transporting shellstock to the original dealer within the applicable time to temperature controls in Chapter VIII Section .02 A (1), (2) and (3) of the National Shellfish Sanitation Program Model Ordinance (referred to as “Model Ordinance”) the temperature inside the conveyance shall not exceed the ambient air temperature when the ambient air temperature is above 50° Fahrenheit (10° Centigrade).

Note: Chapter 9.05 (3) r eferences the time between shellstock exposure, harvest and transport to the initial dealer. During the transportation of shellstock to the original dealer the temperature inside the conveyance can not be any warmer than the outside temperature when the outside temperature is above 50º F. This means if the outside temperature is 70º F the shellstock can not be placed in the trunk of a car that is 90º F.

When mechanical refrigeration units are used, the units shall be:

Equipped with automatic controls; and

Maintained at an ambient air temperature necessary to comply with Chapter 9.05(3) above.

Any ice used to cool shellstock during transport shall be from an approved source.

Cats, dogs and other animals must not be allowed in any part of the conveyance where shellstock are stored except for patrol dogs when accompanying security or police officers.

9.06 Shellstock Tagging and Labeling

Each harvester licensed by the Department must, prior to landing, securely affix a tag to each container he/she has harvested. If the harvest has occurred at more than one harvest location each container must be tagged at the harvest location and must contain all information necessary to trace the shellfish back to the specific harvest area. Tags must be approved by the Department prior to use and be at least 2 ⅝ inches x 5 ¼ inches (6.7 x 13.3 cm) in size and be waterproof and durable.

The harvester’s tag must contain legible and indelible printed information arranged in the following order:

The title: “Harvester Tag” must be printed on the top of the harvester tag;

Harvester’s name i.e., the first and last name of the person who harvested the shellstock;

Harvester’s State Commercial Fishing license number;

Date of harvest;

Time of harvest, for the purpose of determining the time and temperature requirements in Chapter 9.08. For a harvester or vessel, the time would be when the first shellstock harvested is no longer submerged;

The most precise identification of the harvest location, aquaculture lease site or LPA site as is practicable, including the initials of the state (Maine - ME), and the Department’s designator of the growing area by indexing, administrative or geographic designation. If the Department has not indexed growing areas, then an appropriate geographical or administrative designation must be used; e.g. flat or cove, river or bay, town, state. For example: White’s Cove, Nonesuch River, Shellfishville, ME;

Offshore vessels harvesting mahogany quahogs must provide identification as to the bay (if appropriate) and/or harvesting zones described by the Department.

Type and quantity of shellfish;

The following statement, which must appear in bold capitalized type and must be adhered to at all times:

" THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR IS RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS "; and

It shall be unlawful for any person or persons other than the certified dealer to be in possession ofunused certified dealer tags.

The absence of tags as required by this regulation shall be prima facie evidence of a violation of these regulations and shall be grounds for the immediate embargo and/or destruction of the untagged shellstock as being of unsound or unknown quality, and therefore, unsafe for human consumption.

Exception. Bulk tags where approved for use by the Department in accordance with Chapter 15.18(D).

Shellfish tags that do not contain the required information, or are altered or mislabeled, shall be grounds for the immediate embargo and/or destruction of the shellstock as being of unsound or unknown quality, and therefore, unsafe for human consumption.

Example harvester tags are located at the end of this chapter. Note: both sides of a harvester tag may be used.

9.07 Shellfish Aquaculture

This section applies to persons who are issued an aquaculture lease pursuant to 12 M.R.S.A. §6072 or §6072-A, a limited-purpose aquaculture (LPA) license pursuant to 12 M.R.S.A. §6072-C and to persons permitted pursuant to Chapter 24.05.

The following graph summarizes the licensing, certification, record keeping and tagging requirements applicable to persons engaged in shellfish aquaculture in territorial waters.

Aquaculture permitting and licensing requirements

Activities

Additional license required

Certification

(Chapters

15 & 16)

Record Keeping

Tagging

Nursery

None

No¹

Yes²

None

Personal Use

Recreational Use

No sale/barter/trade

None

Yes³

None

Product raised for human consumption

No processing

Sold to consumer from residence or to a Maine certified dealer

Harvester⁴

Yes⁵

Harvester⁶

Product raised for human consumption

Process, sell or ship to other than Maine certified dealers, or in

Inter- and Intra State Commerce

Wholesale

Seafood⁷

Yes⁸

Yes⁹

Dealer¹⁰

¹ National Shellfish Sanitation Program, Model Ordinance (as of 04-18-03 throughout) (referred to as “Model Ordinance”) Chapter VI (A-C)

² Model Ordinance Chapter VI.02(J), DMR Chapter 9.07(4) and Chapter 2.90(5)(D)

³DMR Chapter 9.07(4) and Chapter 2.90(5)(D)

⁴12 M.R.S.A. §6601(2), Model Ordinance Chapter VI.02(B)(2)

⁵DMR Chapter 9.07(4)

⁶DMR Chapter 9.06

⁷12 M.R.S.A. §6851 and §6856

⁸12 M.R.S.A. §6851, §6856 and Model Ordinance

⁹DMR Chapter 15.24

¹⁰DMR Chapter 15.18-20, Model Ordinance Chapter VI.02(B)(3)

In accordance with NSSP Model Ordinance Chapter VI.01 Shellfish Aquaculture, a land based aquaculture facility operator/owner is exempt from being a dealer when nursery shellstock are 6 months or more growing time from market size.

Any person who holds an aquaculture lease or LPA and any person who has been issued a permit pursuant to Chapter 24.05, who purchases, possesses, processes, sells, ships, shucks or transports shellfish in any form, other than to a certified dealer or in intra- and interstate commerce, and other than for nursery stock, personal or recreational use, or shellstock sold to consumers from a harvester’s residence pursuant to 12 M.R.S.A. §6601, must hold a shellfish sanitation certificate 12 M.R.S.A. §6856.

Marine Biotoxins. For any marine biotoxin-producing organism for which criteria have not been established under the National Shellfish Sanitation Program Model Ordinance, either cell counts in the water column or biotoxin meat concentrations may be used by the Department as the criteria for not allowing the harvest of shellstock.

Paralytic Shellfish Poisoning (PSP); Diarrhetic Shellfish Poisoning (DSP); Domoic Acid (ASP) and Neurotoxic Shellfish Poisoning (NSP). When local sampling by the Department indicates PSP, DSP, ASP or NSP toxin is present in the area, or phytoplankton which may cause PSP, DSP, ASP or NSP toxin are found in the area, then analysis for PSP, DSP, ASP or NSP will be required prior to DMR approval for the harvest or sale of shellstock from the lease or LPA site or by persons who are registered or permitted as indicated above. A minimum of twelve (12) shellfish must be submitted by the lease or LPA license holder, registrant or permit holder to the DMR Public Health Division Biotoxin Laboratory, by contacting the Boothbay Harbor facility at (207) 633-9555 or the Lamoine facility at (207) 667-2418, at least five (5) business days prior to anticipated harvest.

Prior to approving the harvest or sale of shellfish from any lease or LPA site, or by a registrant or permit holder, which has submitted shellfish samples to DMR, the DMR may, in its sole discretion, send samples to an accredited analytical laboratory for analysis for PSP, DSP, ASP or NSP toxin.

Requirements and procedures. Sample results will be reported to the lease or LPA license holder, registrant or permit holder on a marine biotoxin analysis certificate issued by the DMR Public Health Division.

Monitoring. The cost of monitoring for marine biotoxins, when required under the provisions of this section, shall be paid for by the lease or LPA license holder, registrant or permit holder. When monitoring is required, it must be done prior to the harvest of shellstock from the site for human consumption, or for any other commercial or non-commercial use.

Closed Areas. Harvest of shellstock is prohibited in areas that are closed due to bacterial pollution pursuant to Chapter 95. For details about closure lines contact Marine Patrol Division I, west of Port Clyde, Tel. (207) 633-9595 or Marine Patrol Division II, east of Port Clyde, Tel. (207) 667-3373, or telephone the Shellfish Sanitation Hotline at 1-800-232-4733 or on the web at: http://www.maine.gov/dmr/shellfish%20sanitation%20hot%20line.htm. (Chapter 9.01(A)).

Record keeping. Complete, legible and accurate records of transport, transfer, harvest, and monitoring must be maintained by the lease or LPA license-holder, registrant or permit holder and must be made available for inspection for at least two (2) years. The records must include the:

Department’s Lease ID, LPA license, registrant or permit holder number, site location, date and data related to marine biotoxin analyses;

Source of shellfish, including seed if the seed is from growing areas which are not in the approved classification status pursuant to Chapter 2.90 and/or Chapter 15;

Dates of transplanting and harvest;

Detailed records of sales;

Water source, its treatment method, if necessary, and its quality in land based systems pursuant to Chapter 15.32, 15.33, 15.34 and or 15.35; and

Records of the origin and health status of all seed or shellfish stocks reared on the lease or LPA site, or by the registrant or permit holder.

Shellfish harvested from the site must be kept in containers that prevent commingling of different harvest lots.

9.08 Shellstock Time to Temperature Controls

Harvested shellstock shall be delivered within 18 hours from the time of harvest (Chapter 9.06(2)(E)) on the shellstock tag to temperature control, i.e. a certified dealer or direct market/consumer within the State of Maine from May 1^st to September 30^th and within 24 hours from October 1^st to April 30^th. Time and temperature control requirements must be set in accordance with the NSSP Model Ordinance, Chapter VIII Control of Shellfish Harvesting and DMR Chapter 15.02(A)(91).

The time to temperature requirements for the harvesting of all shellstock to ensure that harvesters shall comply with Level 3 from the NSSP Model Ordinance which is an Average Monthly Maximum Air Temperature of >60 °F - 80 °F (15 °C - 27 °C) and a Maximum Hours from Exposure to Temperature Control of 18 hours from May 1^st to September 30^th and with Level 2 from the NSSP Model Ordinance which is an Average Monthly Maximum Air Temperature of 50°F - 60 °F (10°C - 15 °C) and a Maximum Hours from Exposure to Temperature Control of 24 hours from October 1^st to April 30^th.

The water or air temperature to be applied to the requirement above for each growing area shall be established by averaging the previous five (5) years maximum monthly water or air temperatures.

All harvesters shall provide trip records to the initial dealer demonstrating compliance with the time to temperature requirements. The harvest tag may be used to meet this requirement.

9.09 Non-compliance

If the Commissioner determines that an applicant for renewal of a shellfish license is not currently in compliance with shellfish sanitation regulations, failed to report, or has failed to comply with shellfish sanitation regulations during the previous license period, the Commissioner may, in addition to any remedy available, including but not limited to suspension or revocation of the license in accordance with the procedures established under the marine resources’ laws, refuse renewal of the license in accordance with the following procedures:

1. The Commissioner shall advise the applicant for renewal by certified mail, return receipt requested, of the refusal and the grounds for this refusal. 2. The Commissioner shall advise the applicant for renewal that the applicant has a right to request that an adjudicatory hearing be held before the Department in conformity with 5 M.R.S.A., Chapter 375 subchapter IV. The Commissioner shall advise the applicant that the hearing must be requested in writing and that the written request must be received by the Department no later than 10 days of receipt by the applicant of the notice, by certified mail, of refusal to renew the shellfish certificate. 3. If an adjudicatory hearing is requested, the Commissioner shall schedule a hearing within 10 days of the Department's receipt of the written request for hearing, unless a longer period is mutually agreed to in writing. 4. Notice of the hearing date, time and location shall be given immediately to the applicant.

Appendix A:

Ref. 9.06(6): Example Harvester Tags

The superscripts refer to the required information subsection numbers in Chapter 9.06(2) and are not required on the tag. Note: both sides of a harvester tag may be used.

HARVESTER TAG^A

NAME^B:_____________________________DMR LICENSE#^C:____________

HARVEST DATE^D:_______________________TIME^E:_____________________

HARVEST AREA^F:_________________________________________________

SHELLFISH TYPE^G:___________________ & QUANTITY^G:______________

THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR IS RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS^H

HARVESTER TAG^A

NAME^B:___________________ ______

DMR LICENSE#^C:___________________

HARVEST DATE^D:___________________

TIME^E:_____________________________

HARVEST AREA^F:___________________

SHELLFISH TYPE^G:__________________

& QUANTITY^G:______________________

THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR IS RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS ^H

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. § 6171-A
EFFECTIVE DATE: April 27, 2004 – filing 2004-130
NON-SUBSTANTIVE CORRECTIONS: April 11, 2005 – restored missing headers on odd pages, removed bold except in tags and
NON-SUBSTANTIVE CORRECTIONS: form
AMENDED: April 25, 2005 – Sections 9.01(A), 9.07 – filing 2005-115
AMENDED: June 27, 2006 – Sections 9.01, 9.03, 9.06, 9.07, 9.08, 9.09 – filing 2006-277
AMENDED: December 21, 2009 – Section 9.01(D) – filing 2009-659
AMENDED: June 19, 2012 – Section 9.05, 9.06, 9.07, 9.08, 9.09 (EMERGENCY)
AMENDED: September 17, 2012 – Section 9.05, 9.06, 9.07, 9.08, 9.09 – filing 2012-263
AMENDED: January 1, 2016 – Section 9.01(G) – filing 2015-190
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 10 Clams and Quahogs

Code Me. R. 13-188 Ch. 10 Clams and Quahogs {#sec-13-188-ch.-10 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 10}

TITLE INDEX

10.01 Prohibitions on Dredging for Quahogs

10.02 [ Not is use ]

10.03 Method of Taking Surf, Hen Clams or Quahogs

10.04 Quahog Size Restrictions

10.05 Taking of Quahogs in the Sub-tidal Waters of the New Meadows Lakes, Brunswick and West

Bath

10.06 Taking of Razor Clams

10.01 Prohibitions on Dredging for Quahogs

It is unlawful to dredge or to take quahogs by any means, except the usual manner of hand digging with a so-called clam hoe, or by hand raking and hand tonging, or by picking quahogs out of the mud by hand from the following locations. This prohibition shall not apply to equipment operated by the Department of Marine Resources.

Maquoit Bay. The waters or flats of Maquoit Bay, Cumberland County, namely, all of the territory north and northeast of a line drawn from the most southerly end of Mere Point in the Town of Brunswick to the northeasterly end of Little Flying Point in the town of Freeport.

Middle Bay. The waters or flats of Middle Bay, Cumberland County, namely all of the

territory north and northeasterly of a line drawn from a red marker, on the eastern shore of Mere Point and located at Blackstone Rock on the south shore of Win Smith Cove, so‑called, then in an easterly direction to and including the northern shore of Birch Island and continuing in the same general direction to a red painted wood post placed on the northern point of Wilson Cove, so- called, located in the western shore of Harpswell Neck.

New Meadows River. The waters or flats of the subtidal area of the New Meadows River east of Rt. 24 and north of a line drawn from the northwestern tip of Indian Point, southeasterly to the northern tip of Bragdon Island, continuing east to Bragdon Rock, and then continuing in a northeasterly direction to the point of land at the end of Close Reach Rd., West Bath, 43051’21”/069052’1”.

10.02 [Not is Use]

10.03 Method of Taking Surf, Hen Clams or Quahogs

It shall be unlawful to fish for or take any surf, hen clams or quahogs by any method of dredging or dragging with any combination of dredge or drag with any cutter bar that exceeds 36" in overall width except that in the area between the Spurwink River in Scarborough and Fletcher's Neck in Biddeford Pool, the cutter bar shall not exceed 24" in overall width.

10.04 Quahog Size Restrictions

Definitions

Quahog. “Quahog” means Mercenaria mercenaria , commonly referred to as hard shelled clams.

Hinge width. ”Hinge width” means the thickness of a quahog as measured between the convex apex of the right shell and the convex apex of the left shell.

Minimum size. It shall be unlawful to take, possess, ship, transport, buy or sell quahogs that are less than one inch in thickness as measured across the hinge width.

Tolerance. Any person may possess quahogs that are less than one inch if they comprise less than 5% of any bulk pile. The tolerance is determined by numerical count of not less than one peck nor more than 4 pecks taken at random from various parts of the bulk pile or by a count of the entire pile if it contains less than one peck.

Exemption. Quahogs of smaller size may be taken or possessed by persons holding an aquaculture lease issued under 12 M.R.S.A. §6072, §6072-A or §6072-B, as provided in §6073-A, or by persons holding a limited-purpose aquaculture (LPA) license issued pursuant to 12 M.R.S.A. §6072-C, or under Municipal shellfish aquaculture permits issued under §6673. Transportation, buying, selling and sanitation must all be in compliance with Chapters 9 and 15-20 and 21-24. This exception shall only apply to quahogs cultivated in the leased or licensed areas.

Persons must comply with DMR regulations in Chapters 9 and 15 through 20 established in accordance with the National Shellfish Sanitation Program Model Ordinance (NSSP/MO) for the sanitary control of shellfish, which includes tagging requirements, and with DMR regulations in Chapters 21-24.

10.05 Taking of Quahogs in the Sub-tidal Waters of the New Meadows Lakes, Brunswick and West Bath

The following limitations apply to the subtidal area of the New Meadows Lakes north of Bath/State Rd. in Brunswick and West Bath.

Methods of harvest prohibited. It shall be unlawful to fish for or take quahogs by towing any dredge, drag or other implement by watercraft; by diver/diving (SCUBA or snorkel*); or by pump, suction or any type of mechanical suction device. Hand digging with a so-called clam hoe or bull rake, hand-raking, hand tonging, or picking quahogs out of the mud by hand are allowed. Harvest by cutting through or breaking the ice is prohibited; harvest may take place only through open water.

*Any artificial breathing device that allows a person to breathe underwater.

This subsection does not apply to the holder of a lease issued under 12 M.R.S. §§ 6072, 6072-A or 6072-B when fishing for or taking quahogs cultivated on the leased area within the waters of the New Meadows Lakes, nor does it apply to the holder of a Municipal shellfish aquaculture permit issued under §6673.

Night prohibition. It shall be unlawful to fish for or take quahogs during the period ½ hour after sunset, as defined in 12 M.R.S. §6001(46), until ½ hour before sunrise, as defined in 12 M.R.S. §6001(45).

Closed periods. It is unlawful to fish for or take quahogs from the New Meadows Lakes:

Winter. During the period ½ hour after sunset, as defined in 12 M.R.S. §6001(46), on December 31^st until ½ hour before sunrise, as defined in 12 M.R.S. §6001(45), on April 1^st.

Sundays: During the period ½ hour after sunset, as defined in 12 M.R.S. §6001(46), on Saturday until ½ hour before sunrise, as defined in 12 M.R.S. §6001(45), on Monday.

10.06 Taking of Razor Clams

Definitions

Razor Clam. “Razor Clam” means Ensis directus , commonly known as the Atlantic Jackknife.

Size restrictions. It shall be unlawful to take, possess, ship, transport, buy or sell razor clams that are less than 4 inches.

Methods of Harvest Prohibited. It shall be unlawful to fish for or take razor clams by using electrical fields emitted by any kind of device including electrodes.

SEE Conservation Area Regulations, c. 90, infra.

SEE Polluted and Contaminated Areas, cs. 95, 96, infra.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §6171
EFFECTIVE DATE: February 17, 1978 – Section 10.03
AMENDED: November 2, 1986 – Section 10.04 – filing 86-404
AMENDED: January 17, 1987 – Section 10.05 (EMERGENCY, Expires December 31, 1987) – filing 87-17
ELECTRONIC CONVERSION: February 24, 1997
AMENDED: June 11, 1999 - Section 10.10 added (EMERGENCY, Expires September 10, 1999) – filing 99-248
AMENDED: September 25, 1999 – Sections 10.01, 10.02, 10.03, 10.04 – filing 99-384
NONSUBSTANTIVE CORRECTION: December 29, 1999 – spelling in Section 10.04(A)(2)
AMENDED: April 25, 2005 – Section 10.04 – filing 2005-116
AMENDED: April 1, 2010 – Section 10.05 (EMERGENCY, Expires June 29, 2010) – filing 2010-115
AMENDED: August 23, 2010 – Section 10.05 – filing 2010-365
AMENDED: July 17, 2016 – Section 10.06 added – filing 2016-117
AMENDED: November 19, 2017 – Sections 10.05(A), 10.05(B), 10.05(D) – filing 2017-177
AMENDED: November 24, 2018 – Sections 10.05(A) and 10.05(D) – filing 2018-253
AMENDED: November 13, 2019 – Section 10.05(D) – filing 2019-198
AMENDED: November 9, 2020 – Sections 10.01, 10.02 (removed), 10.05 – filing 2020-227
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 11 Scallops

Code Me. R. 13-188 Ch. 11 Scallops {#sec-13-188-ch.-11 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 11}

TITLE INDEX

11.01 Definitions

11.02 Reporting

11.03 Atlantic Sea Scallops Harvesting Season, Closed Days and Rotational Management

11.04 Configuration of Scallop Drag

11.05 Scallop Harvesting Grear Restrictions

11.06 Municipal Mooring Field Closures

11.07 Atlantic Sea Scallops Limitations

11.08 Targeted Scallop Conservation Closures

11.09 Limited Access Areas

11.10 Cobscook Bay Limits and Restrictions

11.11 Open and Closed Scallop Fishing Days

11.12 Rotational Management Plan

11.13 Trigger Mechanism

11.14 Commercial Scallop License Limited Entry System

APPENDICES

Appendix A Calendar: Open Harvest Days for Zone 1 Drag

Appendix B Calendar: Open Harvest Days for Zone 1 Dive

Appendix C Calendar: Open Harvest Days for Zone 2 Drag

Appendix D Calendar: Open Harvest Days for Zone 2 Dive

Appendix E Calendar: Open Harvest Days for Zone 3 Drag

Appendix F Calendar: Open Harvest Days for Zone 3 Dive

11.01 Definitions

Chafing gear or cookies. “Chafing gear or cookies”, with respect to the scallop fishery, means steel, rubberized, or other types of donut rings, disks, washers, twine, or other material attached to or between the steel rings of a sea scallop drag or dredge.

Drag, dredge, drag gear, or dredge gear. “Drag, dredge, drag gear, or dredge gear”, with respect to the scallop fishery, means gear consisting of a mouth frame attached to a holding bag constructed of metal rings, or any other modification to this design, that can be or is used in the harvest of scallops.

Drag or dredge bottom. “Drag or dredge bottom”, with respect to the scallop fishery, means the rings and links found between the bail of the drag or dredge and the club stick, which, when fishing, would be in contact with the sea bed. This includes the triangular shaped portions of the ring bag commonly known as “diamonds”.

Drag or dredge top. “Drag or dredge top”, with respect to the scallop fishery, means the mesh panel in the top of a drag or dredge and immediately adjacent rings and link found between the bail of the dredge, the club stick, and the two side panels. The bail of the dredge is the rigid structure of the forward portion of the drag or dredge that connects to the warp and holds the drag or dredge open. The club stick is the rigid bar at the tail of the drag or dredge bag that is attached to the rings.

Scallop Management Zone One (1). “Scallop Management ‘Zone One (1)’” includes all coastal waters West of a line beginning at the easternmost point of Fort Point State Park on Cape Jellison then running southwesterly to channel marker #1 South of Sears Island, then running southwesterly to channel marker RW “II” located between Marshall’s Point and Bayside in the Town of Northport, then running southwesterly to Graves channel marker southeast of the Town of Camden, then running southeasterly to the Penobscot Bay Buoy “PB” East of Rockland Harbor, then running southerly to the TBI whistle southwest of Junken Ledge, then running southeasterly to Red Nun #10 buoy at Foster Ledges, then running due South magnetic to the boundary of the State’s coastal waters to the New Hampshire border.

Scallop Management Zone Two (2). “Scallop Management ‘Zone Two (2)’” includes all coastal waters East of the line defined in the preceding subsection 5 for Zone One, including all coastal waters of the Penobscot River North of Fort Point State Park to the Lubec-Campobello Island bridge; and all territorial waters surrounding Machias Seal Island and North Rock.

Scallop Management Zone Three (3). “Scallop Management ‘Zone Three (3)’” includes all coastal waters North and East of the Lubec-Campobello Island bridge including all of Cobscook Bay and the St. Croix River inside Maine territorial waters.

Commercial Scallop License. “Commercial Scallop License” refers to a handfishing scallop or handfishing with tender license issued under 12 M.R.S. §6701 or a scallop dragging license issued under 12 M.R.S. §6702.

11.02 Reporting

See Chapter 8.

11.03 Atlantic Sea Scallops Harvesting Season, Closed Days and Rotational Management

A person may not fish for or take scallops by dragging in Maine’s territorial waters from April 16^th to November 30^th, both days inclusive.

A person may not fish for or take scallops by diving in Maine’s territorial waters from April 30^th to November 14^th, both days inclusive.

A person may not fish for or take scallops except on an open day as established in 11.11.

A person may not fish for or take scallops from a rotational management area in Zone 2, except from an open rotational management area as established in 11.12.

11.04 Configuration of Scallop Drag

Minimum mesh size

Twine top restrictions. The mesh size of net material on the top of a scallop dredge in use by or in possession of vessels in the Atlantic sea scallop fishery shall not be smaller than 5.5 inches (13.97 cm).

For vessels rigged with a dredge or dredges, and each individual dredge is greater than 8 ft (2.44 m) in width, there must be at least seven rows of non-overlapping steel rings unobstructed by netting or any other material, between the terminus of the dredge (club stick) and the net material on the top of the dredge (twine top).

For vessels rigged with a dredge or dredges, and each individual dredge is greater than 3.5 ft (1.07 m) and less than or equal to 8 ft (2.44 m) in width, there must be at least four rows of non-overlapping steel rings unobstructed by netting or any other material, between the club stick and the twine top of the dredge.

For vessels rigged with a dredge or dredges, and each individual dredge is 3.5 feet (1.07 m) or less in width, there must be at least one row of non-overlapping steel rings unobstructed by netting or any other material, between the club stick and the twine top around the circumference of the top of the dredge. The twine top must be hung on no more than two diamond meshes per ring on the top and bottom and a single diamond mesh per ring on the sides. Alternative designs may be approved by permit from the Commissioner.

Measurement of mesh size. Mesh size is measured by using a wedge-shaped gauge having a taper of 2 cm in 8 cm and a thickness of 2.3 mm, inserted into the meshes under a pressure or pull of 5 kg. The mesh size is the average of the measurements of any series of 20 consecutive meshes for nets having 75 or more meshes, and 10 consecutive meshes for nets having fewer than 75 meshes. The mesh in the regulated portion of the net will be measured at least five meshes away from the lacings running parallel to the long axis of the net.

Chafing gear and other gear obstructions

Chafing gear restrictions. No chafing gear or cookies shall be used on the top of a scallop dredge.

Link restrictions. No more than double links between rings shall be used in or on all parts of the dredge bag, except the dredge bottom. No more than triple linking shall be used in or on the dredge bottom portion and the diamonds. Damaged links that are connected to only one ring, i.e., “hangers”, are allowed, unless they occur between two links that both couple the same two rings. Dredge rings may not be attached via links to more than four adjacent rings. Thus, dredge rings must be rigged in a configuration such that, when a series of adjacent rings are held horizontally, the neighboring rings form a pattern of horizontal rows and vertical columns.

Dredge or net obstructions. No material, device, net, dredge, ring, or link configuration or design shall be used if it results in obstructing the release of scallops that would have passed through a legal sized and configured net and dredge, as described in this part, that did not have in use any such material, device, net, dredge, ring, or link configuration or design.

Minimum ring size. A person may not use a drag to fish for or take scallops in the territorial waters with rings that measure less than 4 inches.

11.05 Scallop Harvesting Gear Restrictions

State waters drag size restriction. It shall be unlawful to possess on any vessel fishing for scallops, or to fish for or take scallops, in Maine's territorial waters:

Any scallop drag or combination of scallop drags that exceed 10 feet 6 inches in width (by measuring from the extreme outside of the mouth of the drag or drags).

Dragging for scallops Damariscotta River, Lincoln County. It shall be unlawful to fish for or take scallops in the Damariscotta River with any scallop drag (chain sweep or rock drag) north of a line drawn from Emerson Point, at the southernmost tip of Ocean Point in the town of Boothbay, easterly to Thrumcap Island, then northerly to the southern tip of Rutherford Island, South Bristol from April 16^th to ½ hour after sunset December 31^st of each year.

Scalloping in the Frenchboro Cable Area - hand scallop fishing allowed

It shall be lawful to take scallops by hand, unless prohibited by other statute or regulation in the Frenchboro Cable Area described in 12 M.R.S. §6954-A(1) (hereafter "Frenchboro Cable Area”).

It shall be unlawful to operate any watercraft when towing a drag or trawl while taking scallops by hand in the Frenchboro Cable Area.

It shall be unlawful to use a watercraft rigged for dragging while taking or attempting to take scallops by hand in the Frenchboro Cable Area.

It shall be unlawful to possess scallops aboard a watercraft rigged for dragging while taking or attempting to take scallops by hand in the Frenchboro Cable Area.

11.06 Municipal Mooring Field Closures

It shall be unlawful to fish for, take, or possess scallops taken by dragging within any of the following closed areas. All directions are relative to True North (not magnetic).

Transiting exception. A vessel may not transit within the following closed areas with any part of a drag, including the cable, in the water.

Inner Blue Hill Harbor. West of a line drawn from the most western point of Sculpin Point, Blue Hill to the closest point of land on Parker Point, Blue Hill Neck.

Bartlett Landing. East of a line starting at the town pier 44° 20.576’ N, 068° 25.042’ W, running south to the northern tip of west point 44° 20.274’ N, 068° 25.264’ W.

Seal Harbor. North of a line starting at the southern end of Crownshield Pt 44° 17.286’ N, 068° 14.620’ W running in an easterly direction to 44° 17.416’ N, 068° 14.180’ W.

Northeast Harbor. North of a line starting at a private pier on the western side of the Harbor 44° 17.244’ N, 068° 16.787’ W running in a north easterly direction to the southern tip of land on the east side of the harbor 44° 17.432’ N, 068° 16.583’ W.

Somes Sound Harbor. North of a line starting at the northern tip of Mason Point 44° 21.491’ N, 068° 19.626’ W then running in a southeasterly direction to the southern tip of Squantum Point 44° 21.425’ N, 068° 19.311’ W.

Western Blue Hill Bay (Blue Hill). Inside and westerly of a line beginning at the easternmost point of High Head, Blue Hill, then running northeast to the most eastern tip of Sand Point, Blue Hill.

Pennamaquan River. Inside and up river of a line drawn from the Eastern tip of Kelly Point, Pembroke and running in a Northeast direction to GC “11” and then continuing in a direction of true North to Hersey Neck.

Sullivan Harbor. Inside and north of a line starting at Edgewater Point, Sullivan, 44° 31.214’ N, 068° 12.692’ W, continuing in an easterly direction for approximately .6 nm to an unnamed point, 44° 31.023’ N, 068° 11.902’ W, Sullivan.

11.07 Atlantic Sea Scallop Limitations

Atlantic sea scallops, minimum size. In Maine Territorial Waters, it shall be unlawful to possess Atlantic sea scallops whose shells are less than 4 inches in the longest diameter, effective on December 1, 2004 and thereafter in accordance with 12 M.R.S. §6721(1)(A) & (B).

Atlantic sea scallops, night harvesting prohibition. Effective November 1, 1986, it shall be unlawful to fish for or take scallops during the nighttime hours between sunset (as defined in 12 M.R.S. §6001(46)) until ½ hour before sunrise (as defined in 12 M.R.S. §6001(45)) within Maine's territorial waters.

Atlantic sea scallops, culling required. Scallops less than the minimum legal size must be immediately liberated. It is prima facie evidence of possession of illegal scallops if a vessel contains scallops smaller than the minimum size while a scallop license holder or crewmember is shucking scallops.

Atlantic sea scallops, shellstock ratio to meat conversion, possession limit, daily limit

Shellstock ratio to meat conversion. For the purposes of this regulation, one and a half bushels of shellstock shall be equal to one gallon of scallop meat.

Daily harvest and possession limits

Daily Harvest and Possession Limit for Individuals Issued a License under §6702 or 6302-A for scallop dragging. It is unlawful to fish for, take or possess more than 15 gallons of scallop meat or any aggregate of meat and shellstock, which is greater than the equivalent of 15 gallons of meat per day per vessel.

Daily Harvest and Possession Limit for Individuals Issued a License under §6701 or 6302-A for scallop diving. It is unlawful for an individual licensed under §6701 or 6302-A for scallop diving to fish for, take or possess more than 15 gallons of scallop meat or any aggregate of meat and shellstock, which is greater than the equivalent of 15 gallons of meat per day.

Daily Limit Restrictions. It is unlawful to unload any portion of a day’s catch and return to fishing in Maine’s territorial waters. It is unlawful to transfer to or receive from another vessel any scallop shellstock or scallop meats.

Atlantic sea scallops harvested seaward of Maine’s territorial waters. A vessel may possess or land more than 15 gallons of scallop meats per day within Maine’s territorial waters only if it meets each of the following requirements:

The scallop meats were harvested seaward of Maine’s territorial waters.

The vessel holds a valid current Federal Permit (Title 50(A) §648.4) that authorizes possession of more than 15 gallons of scallop meats per day.

The amount of scallop meats on board does not exceed the maximum amount authorized by the vessel’s Federal Permit.

The vessel has all fishing gear (dredges, drags) securely stowed when transiting Maine’s territorial waters. Securely stowed shall mean the main wire shall not be shackled or connected to the dredges or drags, and the towing swivel will be at block or on the winch.

11.08 Targeted Scallop Conservation Closures

Targeted closures are imposed as conservation measures to assist in rebuilding specific areas of the state. Targeted closures may be implemented based on depletion, seed, the presence of spat-producing scallops, and other conservation factors as determined by the Commissioner. Targeted closures are not seasonal closures and are implemented in order to improve and enhance the conservation and rebuilding of the resource in these specific areas.

It shall be unlawful to fish for, take, or possess scallops taken by any method within any of the following closed areas.

Transiting exception. Any vessel possessing scallops onboard may transit these targeted closures only if the vessel has all fishing gear (dredges, drags, regulators, buoyancy compensators, fins, tanks, weight belts) securely stowed. Securely stowed shall mean the main wire shall not be shackled or connected to the dredges or drags, and the towing swivel will be at block or on the winch for draggers, while regulators, buoyancy compensators and tanks should be disconnected with fins and weight belts removed for divers.

Lower Muscle Ridge

Northern boundary: East and South of a line beginning at the most eastern tip of Whitehead Island, St. George, to the southern tip of Seal Island (Hay Ledges) continuing to the most southwestern point of Graffam Island, then continuing to the southwestern point of Pleasant Island and continuing in a southeasterly direction to the northeastern tip of Two Bush Island.

Southern boundary: North of a line starting at the most southern point of Whitehead Island, St. George, to the southern end of Two Bush Island.

Eastern Casco Bay

Eastern boundary: West and North of a line drawn from the most southern tip of Gun Point, Harpswell, to G “3”, South of Round Rock; continuing in a southwesterly direction to R N “2” at Eastern Drunkers Ledge.

Western boundary: East and North of a line draw from R N “2” at Eastern Drunkers Ledge to the most southern tip of Jaquish Island; then east of a line from the most northwestern tip of Jaquish Island at Latitude 43º 42.950’ N, Longitude 70º 00.137’ W to the most southeastern tip of land along Jaquish Gut at Latitude 43º 43.043’ N, Longitude 70º 00.128’ W.

Upper Sheepscot River

Western boundary: East of a line drawn from the most southern tip of Hockomock Point, Woolwich to the most northern tip of Mill Point, Arrowsic Island, and following the shoreline to the Arrowsic Island-Georgetown Island bridge, and then continuing along the northern coastline to the northeast tip of Dry Point, Georgetown Island.

Eastern boundary: West of a line drawn at the most northern tip of Soldier Point, Georgetown Island running north to the most southern tip of Westport Island.

Southern boundary: North of a line drawn from the most southern point of Kehail Point running northeasterly to the most southern point of Barters Island and continuing southeasterly to the most northwestern tip of Sawyer Island.

New Meadows River

Southeast boundary: North of a line drawn from the southernmost tip of Birch Point, Phippsburg, to the southernmost tip of Long Island, Harpswell, then continuing along the western coastline to the northern tip of Long Island, Harpswell, then a line drawn due west to the nearest point of land on Sebascodegan Island, Harpswell.

Southwestern boundary: North of the Route 24 Gurnet Bridge (Harpswell).

Card Cove. West of a line drawn from the southeasternmost tip of Pinkham Point, Harpswell, in a southwesterly direction to the nearest point of land and to include all of Card Cove, Harpswell.

Beals-Jonesport Bridge

Eastern boundary: West of a line drawn from the most eastern tip of Perio Point, Beals to OW Look’s wharf, Jonesport.

Western boundary: East of the Jonesport-Beals Bridge.

East Moosabec Reach

Western boundary: Inside and east of the Jonesport-Beals Bridge

Eastern boundary: Inside and west of a line starting at the eastern tip of Kelley Point, Jonesport and running southwesterly to the eastern tip of Pig Island; and, continuing southwesterly to the northeastern tip of Great Wass Island.

Upper Cranberry Isles. North of a line starting at the eastern point of Seawall Point running northeasterly to the northwestern tip of Spurling Point, Great Cranberry; then continuing along the northern shore of Great Cranberry to Long Point and running northeasterly to the tip of Haddock Point; then continuing along the shore of Little Cranberry to Marsh Head; and then running northerly to Otter Point, Mount Desert Island.

Upper Western Casco Bay

Southern boundary: North of a line drawn from the most southwestern point of Basin Point,

Harpswell (Harpswell) running southeasterly to the southwestern tip of Bailey Island.

Casco Bay Islands

Southern boundary: North of a line drawn from the northern point of Ship Cove, South Portland running northeasterly to the southwestern tip of Cushing Island and running along the southeastern shore of Cushing Island to most northern point of White Head; then continuing northeasterly to RN4 and then northeasterly to the western most point of Jewell Island, and then running northeast to the southwestern point of Basin Point, Harpswell.

Lower Blue Hill Rotational Area

Eastern boundary: North and West of a line from the southernmost tip of Lopaus Point to the northernmost point of Black Island, continuing from the westernmost tip of Black Island to the northernmost tip of Swans Island Head.

Western boundary: North and East of the line from the most southeastern point of Naskeag Point, Brooklin to the northern most tip of Swan’s Island Head, Swan’s Island.

Northern boundary: South of a line drawn from the easternmost point of Harriman Point due East to the southern tip of Hardwood Island, then South to the northern tip of Moose Island, then from the southern tip of Moose Island East to Reed Point, Mount Desert Island.

Upper Narraguagus

Southern boundary: North of a line starting at the southern tip of Flint Island and running southwesterly to the R N “2” buoy, and continuing westerly to the southern tip of Bois Bubert Island; and, continuing north along the eastern shore of Bois Bubert Island to the northern tip and running north to Tom Leighton Point, Milbridge.

Inner Chandler Bay

Eastern boundary: West of a line starting at the southwestern tip of Bunker Hole on Great Spruce Island and running southwesterly to the G1 Bell; continuing eastward to the RN2 at Bay Ledges and then continuing southerly to the eastern point of Beals Harbor on Head Harbor Island.

Southern boundary: North of a line starting at the northeastern most tip of Sand Cove, Great Wass Island and running southeasterly to the southwestern most tip of Brim Cove, Steele Harbor Island, continuing along south along the western shore of Steele Harbor Island to the southeastern point of Upper Herring Cove and then running northeast to the southwestern point of Black Head, Head Harbor Island.

Cobscook, Whiting and Dennys Bays

Northern boundary: South and west of a line drawn from the northern tip of Kendall Head, Eastport to the southern tip of Cummings Cove, Deer Island, Canada.

Eastern boundary: West of the international maritime boundary line.

Southern boundary: North and west of the International Bridge between Lubec and Campobello Island.

Exception. Harvest by drag only may occur on Monday, January 12, 2026, in Cobscook, Whiting and Dennys Bay. Harvest by dive only may occur on Saturday, January 17, 2026, in Cobscook, Whiting and Dennys Bay.

11.09 Limited Access Areas

It shall be unlawful to fish for, take, or possess scallops taken by any method within any of the following Limited Access Areas except by divers on December 5, 6, 12, 13, 19 and 20, 2025 and April 1, 7, 14, 21 and 28, 2026 in areas 1, 3, 4 and 5 in Zone 1. In area 2 of Zone 3, December 6, 13, 20, and 27, 2025; January 3, 10, 17, 24, and 31, 2026; February 7, 14, 21 and 28, 2026; and March 7 and 14, 2026. All directions are relative to True north (not magnetic).

It shall be unlawful to fish for, take, or possess scallops taken by any method within any of the following Limited Access Areas except by draggers on January 5, 12, 19 and 26, 2026; February 2, 9, 16, and 23, 2026; and, March 2, and 9, 2026 in areas 1, 3, 4 and 5 in Zone 1. In area 2 of Zone 3, December 1, 8, 15, 22, and 29, 2025; January 5, 12, 19 and 26, 2026; February 2, 9, 16, and 23, 2026; and March 2 and 9, 2026. All directions are relative to True north (not magnetic).

Transiting exception. Any vessel possessing scallops onboard, may transit these Limited Access Areas, only if the vessel has all fishing gear (dredges, drags, regulators, buoyancy compensators, fins, tanks, weight belts) securely stowed. Securely stowed shall mean the main wire shall not be shackled or connected to the dredges or drags, and the towing swivel will be at block or on the winch for draggers, while regulators, buoyancy compensators and tanks should be disconnected with fins and weight belts removed for divers.

The Commissioner may close harvesting for the remainder of the season in the Limited Access Areas listed below though emergency rulemaking if the Department has information that indicates there is a likelihood that between 30 percent and 40 percent of the harvestable biomass has been removed.

Outer Western Casco Bay

Northern boundary: South of a line drawn from the most southwestern point of Basin Point, Harpswell (Harpswell) running southeasterly to the southwestern tip of Bailey Island.

Western boundary: East of a line drawn from the most southwestern point of Basin Point (Harpswell) to the northern tip of Jewell Island.

Southern boundary: North of a line drawn from the southern tip of Jewell Island, running easterly to the R N “2” at Eastern Drunkers Ledge, then continuing north to the southwestern tip of Bailey Island.

Muscle Ridge

Eastern boundary: West and South of a line drawn from the most eastern tip of Ash Point, South Thomaston at Latitude 44º 02.805’ N, Longitude 069º 04.393’ W to RW “PA” Mo (A) GONG; then continuing southwest to the northern tip of Two Bush Island.

Western boundary: North of a line starting at the northern end of the Rackliff Island causeway then following the shore to the most southern point of Rackliff Island continuing to the most southern point of Norton Island and then continuing to the most southern point of Whitehead Island then to the southern end of Two Bush Island.

Lower Sheepscot River

Eastern boundary: West and North of the Townsend Gut Bridge connecting Southport Island and West Boothbay Harbor.

Northern boundary: South of a line drawn from the most southern point of Kehail Point running northeasterly to the most southern point of Barters Island and continuing southeasterly to the most northwestern tip of Sawyer Island.

Western boundary: East of a line drawn at the most northern tip of Soldier Point, Georgetown Island running north to the most southern tip of Westport Island.

Southern boundary: North of a line drawn from the most southern point of Outer Head Island at Griffith Head, Georgetown to the most southern tip of Cape Island, Southport.

Damariscotta River. North of a line drawn from Emerson Point at the southern most tip of Ocean Point in the town of Boothbay, easterly to Thrumcap Island, then northerly to the southern tip of Rutherford Island, South Bristol.

11.10 Cobscook Bay Limits and Restrictions

Cobscook Bay

Shellstock ratio to meat count. For the purposes of 12 M.R.S. §6728, one and a half bushels of shellstock shall be equal to one gallon of scallop meat.

Daily harvest and possession limits

Daily Harvest and Possession Limit for Individuals Issued a License under §6702 or 6302-A for scallop dragging. Except as allowed pursuant to Chapter 11.19(2), it is unlawful to fish for, take or possess more than 10 gallons of scallop meat or any aggregate of meat and shellstock, which is greater than the equivalent of 10 gallons of meat per day per vessel.

Daily Harvest and Possession Limit for Individuals Issued a License under §6701 or 6302-A for scallop diving. It is unlawful for an individual licensed under §6701 or 6302-A for scallop diving to fish for, take or possess more than 10 gallons of scallop meat or any aggregate of meat and shellstock, which is greater than the equivalent of 10 gallons of meat per day.

Daily limit. Any vessel which has taken scallops within the restricted area of Cobscook Bay, as defined by 12 M.R.S. §6728(1), may not land scallops and return to fishing for scallops within that restricted area on the same day. It is unlawful to transfer to or receive from another vessel any scallop shellstock or scallop meats.

Harvester meat count. Except as allowed pursuant to Chapter 11.19(2), no vessel or person may take, possess or transfer shucked scallops which measure more than 35 meats per 16 oz. certified measure from or within the Cobscook Bay Restricted Area, as defined by 12 M.R.S. §6728 (1). The meat count shall be measured by selecting small scallop meats from the harvester’s catch.

Limited access areas: See Chapter 11.09(4).

2. Non-Cobscook Bay scallops, landing and possession restrictions

Possession. Vessels transiting or landing scallops within the restricted area of Cobscook Bay, as defined by 12 M.R.S. §6728(1), and which have been fishing exclusively outside of the restricted area may possess more than ten gallons of scallop meat or scallops which measure more than 35 meats per 16 oz. certified measure.

Landing scallops harvested outside the restricted area, in Cobscook Bay. Vessels which are transiting or landing in the restricted area and which are in possession of more than ten gallons of scallop meat or scallops measuring more than 35 meats per 16 oz. certified measure, which have been harvested outside the restricted area, may not possess any shellstock and must have all fishing gear (dredges, drags) securely stowed when transiting the restricted area.

11.11 Open and Closed Scallop Fishing Days

Zone 1 season for draggers. The Atlantic Sea Scallop harvesting season in Maine’s territorial waters for draggers in Zone 1 is open December 8, 2025 through to March 31, 2026, both days inclusive, with the following exceptions:

In December 2025 fishing is prohibited on Fridays, Saturdays and Sundays, and also Thursday, December 25, 2025.

In January, February, and March 2026, fishing is prohibited on Fridays, Saturdays and Sundays.

Zone 1 season for divers. The Atlantic Sea Scallop harvesting season in Maine’s territorial waters for divers in Zone 1 is open December 3, 2025 through to April 29, 2026, both days inclusive, with the following exceptions:

In the month of December 2025, fishing is prohibited on Sundays, Mondays, and Tuesdays, as well as Thursday, December 25 and Wednesday, December 31, 2025.

Fishing is prohibited in the month of January. In the months of February 2026 and March 2026, fishing is prohibited on Sundays, Mondays, Tuesdays, and Wednesdays.

In the month of April 2026, fishing is prohibited on Sundays and Mondays.

Zone 2 season for draggers. The Atlantic Sea Scallop harvesting season in Maine’s territorial waters for draggers in Zone 2 is open December 1, 2025 through to March 26, 2026, both days inclusive, with the following exceptions:

In December 2025, fishing is prohibited on Fridays, Saturdays and Sundays, and also Thursday, December 25, 2025

In January, February, and March 2026, fishing is prohibited on Fridays, Saturdays and Sundays, except for Friday, January 30, 2026, which will remain open.

Zone 2 season for divers. The Atlantic Sea Scallop harvesting season in Maine’s territorial waters for divers in Zone 2 is open November 18, 2025 through to April 18, 2026, both days inclusive, with the following exceptions:

In the month of November 2025, fishing is permitted on days 18, 19, 20, 21, 22, 25, 26, 28, and 29, 2025. December 2025, fishing is prohibited on Sundays, Mondays, Tuesdays and Wednesdays and also Thursday, December 25, 2025.

In the months of January, February, and March 2026 fishing is prohibited on Sundays, Mondays, Tuesdays, and Wednesdays, and also Thursday, January 1, 2026. April 2026, fishing is prohibited on Sundays, Mondays and Tuesdays.

Zone 2 State waters season. The Atlantic Sea Scallop harvesting season in Maine’s territorial waters around Machias Seal Island and North Rock is open December 1, 2025 through March 31, 2026, both days inclusive.

Zone 3 season for draggers. The Atlantic Sea Scallop harvesting season in Maine’s territorial waters for draggers in Zone 3 is open December 1, 2025 through March 25, 2026, both days inclusive, with the following exceptions:

Fishing is prohibited on Thursdays, Fridays, Saturdays and Sundays in the month of December 2025, and also Wednesday, December 24, 2025.

Fishing is prohibited on Thursdays, Fridays, Saturdays and Sundays in the months of January, February and March 2026.

Zone 3 season for divers. The Atlantic Sea Scallop harvesting season in Maine’s territorial waters for divers in Zone 3 is open December 4, 2025 through to March 28, 2026 both days inclusive, with the following exceptions:

Fishing is prohibited on Sundays, Mondays, Tuesdays and Wednesdays in the month of December 2025, and also Thursday, December 25, 2025.

Fishing is prohibited on Sundays, Mondays, Tuesdays and Wednesdays in the months of January, February and March 2026.

11.12 Rotational Management Plan

All areas in the Third Rotation as described in 11.12(1)(C) are closed to harvest during the 2025-2026 scallop season.

All areas in the First Rotation as described in 11.12(1)(A) are open to all individuals issued a license under §6701 or 6302-A for scallop diving only.

All areas in the Second Rotation as described in 11.12(1)(B) are open to individuals issued a license under §6702 or 6302-A for scallop dragging only.

Zone Two (2): Eastern Maine

First Rotation. All directions are relative to True North (not Magnetic unless specified as such).

Transiting exception. Any vessel possessing scallops onboard may transit these closed areas, only if the vessel has all fishing gear (dredges, drags) securely stowed. Securely stowed shall mean the main wire shall not be shackled or connected to the dredges or drags, and the towing swivel will be at block or on the winch.

The Bold Coast

Eastern boundary: South and West of a line drawn from the international bridge that connects Lubec to Campobello Island, New Brunswick, Canada.

Western boundary: North and East of a line starting at the most western tip of Jim’s Head in the town of Trescott and True south to the three-mile limit.

(2) Little Kennebec/Englishman Bay:

Eastern boundary: South and West of a line starting at Bucks Head, Machiasport proceeding East to the southern end of Northwest Head on Cross Island then True South to the three-mile limit.

Western boundary: East and South of a line starting at the most northeastern point of Great Head, Roque Island then northeast to the most southern end of Shoppee Point, Roque Bluffs and from the eastern tip of Great Spruce Island to the day board at East Black Rock ‘RW Bn’, and then True South to the three mile limit, including Roque Island harbor however not to include the Thoroughfare between Roque Island and Great Spruce Island.

(3) Addison

Eastern boundary: South and West of a line starting at the most eastern end of Tibbett Island going due North to the closest point of land on Moose Neck and southeast to the most northern tip of eastern Plummer Island then the most western tip of Toms Island then True South to the three-mile limit.

Western boundary: East and South of a line starting at Strout Point in the town of Milbridge to the most northern tip of Foster Island in the town of Milbridge then the most southeastern tip of Fosters Island to the most northern tip of Dyers Island; continuing from southern tip of Dyers Island to the most northwestern tip of Flint Island and the most southwestern tip of Flint Island then running True South to the three mile limit.

(4) Frenchman’s Bay

Eastern boundary: South and West of a line starting from the southern most tip of Schoodic Point True South to the three-mile limit (western boundary of the Zone A lobster management zone).

Western boundary: East and North of a line starting at the most eastern end of Otter Point, Mount Desert Island continuing SE (135^o) to the three-mile limit at Latitude 44° 16.080’ N, Longitude 68° 07.919’ W.

(5) Swan’s Island

Eastern boundary: South and West of a line starting at Bass Harbor Head then in a southeast direction to the most easterly Point of Great Gott Island continuing on True South to the three-mile limit.

Western boundary: East and South of a line from the southernmost tip of Lopaus Point to the northern most point of Black Island; continuing from the western most tip of Black Island to the northern most tip of Swans Island Head, Swans Island; continuing South from West Point, Swans Island to Long Point, Marshall Island; then East of a line from the southwestern most tip of Lower Head, Marshall Island running True South to the three mile limit.

(6) Isle Au Haut Bay

Eastern boundary: South and West of a line starting at Moose Island, Deer Isle, to the westernmost point of Farrel Island, then True South to the three-mile limit.

Western boundary: South of a line starting at the southernmost point of Stinson Point, Deer Isle west to Mullen Head, North Haven; then East of a line starting at Fish Point, North Haven to Calder Wood Point on Calderwood Neck, Vinalhaven; continuing from the southernmost point of Lane Island, Vinalhaven, True South to the three mile limit.

(7) Upper Penobscot Bay

Eastern boundary: Northwest of a line from Deer Isle bridge and the most southwestern point of Little Deer Isle to the most northern point of Pickering Island, then to the most eastern tip of Dark Harbor, Islesboro; continuing on from Grindel Point, Islesboro due West to the Sea Urchin Zone line at Latitude 44° 16.913’ N, Longitude 68° 58.508’ W.

Western boundary: East of the Sea Urchin Zone Line.

(8) Outer Islands (Machias Seal Island and North Rock). Territorial waters surrounding

Machias Seal Island and North Rock.

Second Rotation.All directions are relative to True North (not Magnetic unless specified as such).

Transiting exception. Any vessel possessing scallops onboard may transit these closed areas, only if the vessel has all fishing gear (dredges, drags) securely stowed. Securely stowed shall mean the main wire shall not be shackled or connected to the dredges or drags, and the towing swivel will be at block or on the winch.

(1) The Cutler Shore

Eastern boundary: South and West of a line starting at the most western tip of Jim’s

Head in the town of Trescott and South to the three-mile limit.

Western boundary: North and East of a line drawn South from Western Head, Cutler

to the three-mile limit.

(2) Chandler Bay/Head Harbor Island

Eastern boundary: North and West a line starting at the most northeastern point of

Great Head, Roque Island then northeast to the most southern end of Shoppee Point, Roque Bluffs and from the eastern tip of Great Spruce Island to the day board at East Black Rock ‘RW Bn’, and then True South to the three-mile limit, including the Thoroughfare between Roque Island and Great Spruce Island.

Western boundary: East of the Jonesport Bridge then True South from the most Eastern tip of Little Pond Head to the three-mile limit.

(3) Narraguagus/Pigeon Hill Bay

Eastern boundary: South and West of a line starting at Strout Point in the town of Milbridge to the most northern tip of Foster Island in the town of Milbridge then the most southeastern tip of Fosters Island to the most northern tip of Dyers Island; continuing from southern tip of Dyers Island to the most northwestern tip of Flint Island and the most southwestern tip of Flint Island then running True South to the three mile limit.

Western boundary: North and East of a line starting at the most southern tip of Petit Manan to EB gong, then South to the northern most tip of Green Island; then from the southeastern top of Green Island to the northern tip of Petit Manan Island; then from the southern tip of Petit Manan Island to N”2”, then to G”1” bell, then True South to the three mile limit.

(4) Cranberry Isle Area

Eastern boundary: South and West of a line starting at the most eastern end of Otter Point, Mount Desert Island continuing SE (135^o) to the three-mile limit at Latitude 44° 16.080’ N, Longitude 68° 07.919’ W.

Western boundary: North and East of a line starting at Bass Harbor Head Light then in a southeast direction to the most easterly point on the eastern head of Great Gott Island continuing on True South to the three-mile limit.

(5) Lower Blue Hill Bay/Jericho Bay

Eastern boundary: North and West of a line from the southernmost tip of Lopaus Point to the northernmost point of Black Island; continuing from the westernmost tip of Black Island to the northernmost tip of Swans Island Head.

Western boundary: North and East of the line from the most southeastern point of Naskeag Point, Brooklin to the northern most tip of Swan’s Island Head, Swan’s Island.

(6) East Isle Au Haut Bay

Eastern boundary: West of a line from the eastern tip of Coles Head on Whitemore Neck, Deer Isle to the western most point of Millett Island, then South to Richs Point, Isle Au Haut; then from the southern tip of Eastern Head, Isle au Haut, True South to the three-mile limit.

Western boundary: South and East of a line starting at Moose Island, Deer Isle, to the westernmost point of Farrel Island, then True South to the three-mile limit.

(7) Mid Penobscot Bay

Northern boundary: South of a line from the most northwestern point of Little Deer Isle to the most northern point of Pickering Island, then to the most eastern tip of Dark Harbor, Islesboro; continuing on from Grindel Point, Islesboro due West to the Sea Urchin Zone line at Latitude 44° 16.913’ N, Longitude 68° 58.508’ W.

Southern boundary: North of a line starting at the southernmost point of Stinson Point, Deer Isle, West to Mullen Head, North Haven AND North of a line starting at Pulpit Rock, North Haven due West to the Sea Urchin Zone line at Latitude 44° 09.551’ N, Longitude 69° 01.510’ W.

(8) Outer Islands (Machias Seal Island and North Rock). Territorial waters surrounding

Machias Seal Island and North Rock.

Third Rotation. All directions are relative to True North (not Magnetic unless specified as such).

Transiting exception. Any vessel possessing scallops onboard, may transit these closed areas, only if the vessel has all fishing gear (dredges, drags) securely stowed. Securely stowed shall mean the main wire shall not be shackled or connected to the dredges or drags, and the towing swivel will be at block or on the winch.

Machias Area. North and East of a line starting at Bucks Head, Machiasport proceeding east to the southern end of Northwest Head on Cross Island then due South to the three mile limit, and West of a line drawn due south from Western Head, Cutler to the three mile limit.

Wohoa/Western Bay

Eastern boundary: West of the Jonesport Bridge then True South from the most

Eastern tip of Little Pond Head to the three mile limit.

Western boundary: North and East of a line starting at the most eastern end of

Tibbett Island going due North to the closest point of land on Moose Neck and

southeast to the most northern tip of eastern Plummer Island then the most

western tip of Toms Island; then True South to the three mile limit.

Gouldsboro/Dyer Bay

Eastern boundary: South and West of a line starting at the most southern tip of Petit Manan to EB gong. then South to the northern most tip of Green Island; then from the southeastern top of Green Island to the northern tip of Petit Manan Island; then from the southern tip of Petit Manan Island to N”2”; then to G”1” bell; then True South to the three mile limit.

Western boundary: North and East of a line starting from the southernmost tip of Schoodic Point True South to the three mile limit (western boundary of the Zone A lobster management zone).

Upper Blue Hill Bay/Union River. North of a line from Eastern most point of Harriman Point due East to the southern tip of Hardwood Island, then South to the northern tip of Moose Island, then from the southern tip of Moose Island East to Reed Point, Mount Desert Island.

Lower Jericho Bay

Northern boundary: South and east of a line from the southeastern point of Stinson Neck, Deer Isle to the southeastern point of Naskeag Point, Brooklin; continuing southeast to the northern most tip of Swan’s Island Head, Swan’s Island.

Eastern boundary: North and West of a line from northern most tip of Swans Island Head; continuing South from West Point, Swans Island to Long Point, Marshall Island; then West of a line from the southernmost tip of Lower Head, Marshall Island running True South to the three mile limit.

Western boundary: East and south of a line from the southwestern tip of Stinson Neck, Deer Isle west to the eastern tip of Coles Head on Whitemore Neck, Deer Isle; then south to the western most point of Millett Island, then South to Richs Point, Isle Au Haut; then from the southern tip of Eastern Head, Isle au Haut, True South to the three mile limit.

Eggemoggin Reach/Southeast Harbor

Eastern boundary: North and West of a line from the most southeastern point of

Stinson Neck, Deer Isle then running to Naskeag Point, Brooklin AND North of a line

starting at the most southwestern tip of Stinson Neck, Deer Island running to Coles

Point on Whitmore Neck, Deer Island; this includes all of Southeast Harbor.

Western boundary: South and West of the Deer Isle Bridge.

Lower Penobscot Bay & Outer Islands

Northern/Western boundary: South of a line starting at Pulpit Rock, North Haven due West to the Sea Urchin Zone line at Latitude 44° 09.551’ N, Longitude 69° 01.510’ W and continuing south along the Sea Urchin Zone line to Latitude 43° 58.279’ N, Longitude 69° 0.249’ W at RW “TBI” Mo (A) WHIS, then running southeasterly to meet the three mile limit at intersection Latitude 43° 57.629’ N, Longitude 68° 58.991’ W.

Eastern boundary: West of a line starting at Calder Wood Point, Vinalhaven to Fish Point, North Haven; then West of a line from the southernmost point of Lane Island, Vinalhaven, True South to the three mile limit.

Outer Islands (Machias Seal Island and North Rock). Territorial waters surrounding Machias Seal Island and North Rock.

11.13 Trigger Mechanism

The Commissioner may close any portion of Maine’s territorial waters to harvesting through emergency rulemaking if the Department has information that indicates there is a likelihood that between 30 percent and 40 percent of the harvestable biomass has been removed. Such closures are established for conservation purposes, to protect the resource from unusual damage or imminent depletion.

11.14 Commercial Scallop License Limited Entry System

Limited entry procedure for scallop handfishing licenses. The Department shall hold an annual lottery for commercial scallop handfishing licenses issued under 12 M.R.S. §6701, provided that the number of licenses to be awarded as determined by the exit ratio is greater than zero. Eligible individuals wishing to enter the handfishing scallop license lottery must submit a lottery application that must be received by the Department by the date specified by the Department.

An individual is eligible to enter the scallop handfishing license lottery if they meet the following criteria:

Is a Maine resident and 18 years of age or older;
Held in any previous calendar year or currently holds any commercial license issued under 12 M.R.S. Part 9, or has in the past or currently is crewing onboard an active commercial scallop vessel;
Has not been convicted or adjudicated of a marine resources offense that resulted in a license suspension within the last 7 years; and,
Does not currently possess a license issued under 12 M.R.S. §6701 or §6702.
Has not entered the scallop drag license lottery in the same calendar year.

The number of draws (chances) allotted to each eligible applicant shall be calculated by the Department.

Each eligible applicant shall be awarded a minimum of one draw.
Each eligible applicant shall be awarded one additional draw for every consecutive year they entered the lottery.

Before the lotteries are held the Department shall calculate the number of licenses to be awarded for that calendar year, if any. One person will be awarded license eligibility for every one person who held a commercial scallop handfishing license in the year prior to the previous calendar year but who did not renew that license in the previous calendar year. If the number is zero, the number of licenses awarded shall be zero.

The Department shall choose individuals to whom licenses will be awarded through a random selection process. The drawing will continue until all available licenses have been awarded.

Once a list of winners has been determined, drawing will continue to establish an ordered list of alternates the same length as the list of winners.

The Department will verify an applicant’s eligibility for the lottery and any additional chances claimed at the time the individual is drawn. If it is determined that the individual misrepresented or falsified any information on their lottery application that drawing shall be void and the Department offer the license to the next alternate.

Scallop handfishing lottery winners will be informed in writing and mailed a license application form by the Department by mail. In addition, scallop handfishing lottery winners will be announced on the Department website.

Lottery winners must submit their license application, correctly completed with the correct fees and documentation of eligibility listed in 11.14(1)(A) to the Department within 30 days of receipt of notice, or the winner will lose their license eligibility.

If the scallop handfishing lottery winner has not provided a completed license application and evidence of eligibility within 30 days, the next alternate on the list of alternates will be sent a license application and have 30 days to comply in the same manner.

Limited entry procedure for scallop drag license. The Department shall hold an annual lottery for scallop drag licenses issued under 12 M.R.S. §6702, provided that the number of licenses to be awarded as determined by the exit ratio is greater than zero. Eligible individuals wishing to enter the scallop drag license lottery must submit a lottery application that must be received by the Department by the date specified by the Department.

Eligibility for a Scallop Drag License: An individual is eligible to enter the scallop drag license lottery if they meet the following criteria:

Is a Maine resident and 18 years of age or older;
Held in any previous calendar year or currently holds any commercial license issued under 12 M.R.S Part 9, or has in the past or currently is crewing onboard an active commercial scallop vessel;
Has not been convicted or adjudicated of a marine resources offense that resulted in a license suspension within the last 7 years;
Does not currently possess a license issued under 12 M.R.S. §6701 or §6702; and
Has not entered the scallop handfishing license lottery in the same calendar year.

Lottery Application: On the application for the scallop drag license lottery, the applicant must provide the following information:

Confirmation that the holder of a scallop drag license issued under §6702 or §6302-A has agreed to sponsor the applicant for the Scallop Drag Apprenticeship Program and the name of that scallop drag license holder.

Lottery Chances: The number of draws (chances) allotted to each eligible applicant shall be calculated by the Department.

Each eligible applicant shall be awarded a minimum of one draw.
Each eligible applicant shall be awarded one additional draw for every consecutive year they entered the lottery.

Before the lottery is held, the Department shall calculate the number of licenses to be awarded for that calendar year, if any. Two individuals will be awarded license eligibility for every three individuals who held a commercial scallop drag license in the year prior to the previous calendar year but who did not renew that license in the previous calendar year. If the number of persons who did not renew is greater than, but not evenly divisible by three, it shall be rounded down to the nearest number evenly divisible by three. If the number is rounded down, the non-renewed licenses in excess of that number evenly divisible by three shall be carried over to the next calendar year for consideration in that year’s calculation. If the number is either one or two, the number of licenses awarded shall be zero and the one or two non-renewed license shall be carried over to the next year for consideration in that year’s calculation. If the number is zero, the number of licenses awarded shall be zero.

The Department shall choose individuals to whom licenses will be awarded through a random selection process. The drawing will continue until all available licenses have been awarded.

Once a list of winners has been determined, drawing will continue to establish an ordered list of alternates the same length as the list of winners.

Scallop drag license lottery winners will be informed in writing and mailed a Scallop Drag Apprentice license application form by the Department by mail. In addition, scallop drag license lottery winners will be announced on the Department website. Only individuals selected through the scallop drag lottery are eligible to purchase a Scallop Drag Apprentice license.

Scallop drag apprenticeship requirements. Scallop drag license lottery winners must complete the Scallop Drag Apprenticeship Program to be eligible to purchase a Scallop Drag License issued under 12 M.R.S. §6702.

Lottery winners must submit their Scallop Drag Apprentice license application, correctly completed with the correct fees and documentation to the Department within 30 days after receipt of notice.

If the scallop drag license lottery winner does not comply with the requirements of the preceding paragraph within 30 days after receipt of notice, the winner loses their license eligibility. The next alternate on the list of alternates will become eligible, will be sent a license application, and will be subject to the requirements of the preceding paragraph.

An individual participating in the Scallop Drag Apprentice Program must complete following requirements:

Confirmation of completion of a United States Coast Guard approved Fishing Vessel Drill Conductor Course.
An approved scallop fishery operations course that includes topics on, but not limited to, scallop fishery management, drag construction and maintenance, and deck rigging and stability. Course may not exceed 10 hours of total instruction time.
A minimum of 15 scallop fishery day trips with their sponsor. Each fishing day must be recorded in a Department provided logbook and signed by the sponsor and the local Marine Patrol Officer.

Exception. An individual with a scallop apprentice license that can provide proof of either previously holding a scallop drag license issued under 12 M.R.S. §6702 or possession of a Federal Limited Access General Category Scallop permit, and demonstrate landings under that license or permit, may apply to have 10 days of the required 15 days waived in consideration of their prior fishing experience.

A Scallop Drag Apprentice license holder has two complete scallop seasons, as defined in section 11.11, to meet the requirements of the Scallop Drag Apprenticeship Program. If the individual fails to complete the requirements in 11.14(2)(C) and submit documentation of a completed operations course and signed at-sea trip logbook on forms provided by the Department by April 30^th after the second full scallop season, their Scallop Drag Apprentice license will be revoked, they lose their eligibility to proceed, and the next alternate in the lottery will be given the opportunity to complete the Scallop Drag Apprentice Program and obtain a scallop drag license.

Exception. If the Scallop Drag Apprentice license holder has a circumstance that prevents them from completing the Apprentice Requirements within the time required by this paragraph, they may request the Commissioner to extend that time by up to one additional complete scallop season. The Commissioner may grant the request at his discretion.

Scallop drag apprentice completion. Individuals holding a Scallop Drag Apprentice license that have completed the requirements of the Scallop Drag Apprenticeship Program and submitted the required documentation as specified in 11.14(3)(D) will be informed in writing and mailed an application for a scallop drag license after review by the Department. Individuals must submit their scallop drag license application, correctly completed with the correct fees to the Department within 30 days of receipt of notice, or the winner will lose their license eligibility.

Scallop drag sponsor eligibility

In order to be eligible to sponsor an apprentice in the Scallop Drag Apprentice Program, an individual must currently hold a license under 12 M.R.S. §6702 or a scallop drag license issued under §6302-A and must have held that license for a minimum of 5 years and have not been convicted or adjudicated of a marine resources offense that resulted in a license suspension within the last 7 years.
A scallop drag license holder may agree to sponsor only one apprentice at a time and must have identified the individual they will sponsor prior to the selection of that individual in the lottery.

Scallop drag sponsor requirements

Following the lottery, the scallop drag license holder who will be sponsoring a Scallop Drag Apprentice must purchase the sponsor endorsement on their scallop drag license prior to the apprentice logging any time in the Scallop Drag Apprentice program.
The sponsor must attend the scallop fishery operations course required for the apprentice. If the sponsor has a conflict that prevents them from attending the course, they may review course materials as provided by the Department.
The sponsor must confirm the accuracy of the logbook of the apprentice and must sign the completed logbook prior to submission to the Department.

Scallop drag sponsor replacement. In the event that a Scallop Drag Sponsor is no longer able to serve as a sponsor, the impacted Scallop Drag Apprentice license holder may contact the Department to request designation of a replacement Sponsor.

Misrepresentation or misstatement. Any license awarded through misrepresentation or misstatement on the license lottery application or documentation of apprenticeship program completion shall be void.

A person may appeal a license denial under this section by requesting an appeal hearing in writing within 10 days of the notice of license being voided. The commissioner shall hold a hearing on the appeal if a hearing is requested within the 10 day period. If a hearing is requested, it must be held within 30 days of the request unless a longer period is mutually agreed to in writing, and it must be conducted in the Augusta area.

A hearing held under this subsection is informal. At the hearing, the appellant may present any evidence that might justify issuing a license to the person, and the commissioner may request any additional information the commissioner considers necessary to make a decision on the appeal.

Entry system review. At a minimum of once every two years, the Department shall consult the Scallop Advisory Council concerning potential adjustments to the systems for issuance of scallop handfishing and scallop drag licenses, including the entry to exit ratios and requirements for sponsors and apprentices.

Appendix A:

Open Harvest Dates for Zone 1 Drag

This calendar diagram depicts the open harvest days for Zone 1 Drag, refer to section 11.11(1).

Appendix B:

Open Harvest Dates for Zone 1 Dive

This calendar diagram depicts the open harvest days for Zone 1 Dive, refer to section 11.11(2).

Appendix C:

Open Harvest Dates for Zone 2 Drag

This calendar diagram depicts the open harvest days for Zone 2 Drag, refer to section 11.11(3).

Appendix D:

Open Harvest Dates for Zone 2 Dive

This calendar diagram depicts the open harvest days for Zone 2 Dive, refer to section 11.11(4).

Appendix E:

Open Harvest Dates for Zone 3 Drag

This calendar diagram depicts the open harvest days for Zone 3 Drag, refer to section 11.11(6).

Appendix F:

Open Harvest Dates for Zone 3 Dive

This calendar diagram depicts the open harvest days for Zone 3 Dive, refer to section 11.11(7).

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §§ 6171, 6171-A, 6706, 6726, 6728
EFFECTIVE DATE: PS&L 1965, c. 14.
AMENDED: September 20, 1980 – Section 11.02
AMENDED: November 1, 1981 – Section 11.03 (Expires 04/15/82)
AMENDED: November 1, 1981 – Section 11.04 (Expires 04/15/82)
AMENDED: November 1, 1982 – Sections 11.03, 11.04
AMENDED: November 1, 1983 – Sections 11.04, 11.05
AMENDED: November 6, 1984 – Section 11.05 (EMERGENCY)
AMENDED: November 1, 1985 – Section 11.10(A)
AMENDED: January 7, 1986 – Section 11.10(B)
AMENDED: January 21, 1986 – Section 11.10 (C,D)
AMENDED: August 24, 1986 – Sections 11.03(C), 11.04, 11.05, 11.10(C)
AMENDED: December 16, 1986 – Section 11.10(E,F)
AMENDED: January 26, 1987 – Sections 11.03(B) 11.10(A,B)
AMENDED: October 25, 1987 – Section 11.10(E)
AMENDED: December 15, 1987 – Section 11.15 (EMERGENCY)
AMENDED: December 18, 1987 – Section 11.15 (EMERGENCY)
AMENDED: September 4, 1988 – Section 11.03(B)
AMENDED: October 27, 1988 – Section 11.15 (EMERGENCY)
AMENDED: November 30, 1988 – Section 11.03(C) (EMERGENCY)
AMENDED: October 31, 1989 – Section 11.03 (A,B)
AMENDED: November 22, 1989 – Section 11.10 (E,F) (REPEALED)
AMENDED: November 1, 1990 – Section 11.16 (EMERGENCY)
AMENDED: December 31, 1990 – Section 11.16 repealed (EMERGENCY)
AMENDED: October 29, 1991 – Section 11.16
AMENDED: October 31, 1991 – Section 11.04(A) (EMERGENCY)
AMENDED: November 1, 1991 – Section 11.03(A)(2) (EMERGENCY)
AMENDED: October 27, 1992 – Section 11.03(A) (EMERGENCY)
AMENDED: October 27, 1992 – Section 11.03(B) (EMERGENCY)
AMENDED: October 27, 1992 – Section 11.04 (EMERGENCY)
AMENDED: November 13, 1992 – Section 11.03(A) (EMERGENCY)
AMENDED: December 5, 1992 – Section 11.05
AMENDED: October 24, 1993 – Section 11.03(A)
AMENDED: October 27, 1993 – Section 11.03(B) (EMERGENCY)
AMENDED: February 8, 1994 – Section 11.17 (EMERGENCY)
AMENDED: October 3, 1994 – Section 11.17 (EMERGENCY)
AMENDED: October 24, 1994 – Sections 11.02, 11.10(A,C),11.18 (EMERGENCY)
AMENDED: February 5, 1995 – Sections 11.02, 11.10(A,C); 11.18
AMENDED: July 3, 1995 – Section 11.10(B)
AMENDED: August 31, 1997 – Section 11.16
AMENDED: September 19, 1997 – renumbering; new Sections 11.01, 11.07
AMENDED: March 18, 2000 – Sections 11.02, 11.04, 11.05, 11.10(C)(1) repealed; Sections 11.10(C)(2)-
AMENDED: 11.10(C)(1) renumbered; 11.10(A,D) amended
AMENDED: December 1, 2001 – Section 11.01(4) punctuation; Section 11.15 heading removed; Section
AMENDED: 11.19 added
AMENDED: November 25, 2002 – Section 11.07(1)(a)
AMENDED: November 25, 2002 – Section 11.10(B)
AMENDED: November 25, 2002 – Section 11.10(E)
AMENDED: November 25, 2002 – Section 11.20(A), chart
AMENDED: September 16, 2003 – Section 11.19
AMENDED: November 25, 2003 – Section 11.07(1)(a)(i), 11.10(B)
AMENDED: April 27, 2004 – Section 11.07(1)(a)(iii)
AMENDED: June 22, 2007 – Section 11.15 (EXPIRED May 1, 2010) (Maj. Substantive)
AMENDED: September 23, 2008 – Section 11.02 and 11.10(B)
AMENDED: November 24, 2008 – Section 11.07(3) added
AMENDED: November 24, 2008 – Sections 11.09 (Expires 05/01/09); Section 11.10(F), 11.10(G) added;
AMENDED: Chapter renumbered
AMENDED: February 4, 2009 – Section 11.10(1)(H) added (EMERGENCY, Expires 05/01/09)
AMENDED: February 21, 2009 – Section 11.10(1)(H) (EMERGENCY, Expires 05/01/09)
AMENDED: July 20, 2009 – Sections 11.10(1)(A), 11.15(2)
AMENDED: September 21, 2009 – Sections 11.09, 11.10(1)(H)
AMENDED: September 21, 2009 – Sections 11.10(1)(H)(10),11.19(1)(E), 11.20(1) - removed chart
AMENDED: December 21, 2009 – Section 11.10(1)(H)(1)(2)(3)(8)(c)
AMENDED: September 20, 2010 – Sections 11.09, 11.10(1)(D,E), 11.10(1)(H), 11.19(1)(B-D)
AMENDED: August 22, 2011 – Sections 11.09, 11.10(1)(H)(5), 11.15 removed
AMENDED: January 2, 2012 – Section 11.10(1)(H)(11) (EMERGENCY, Expires 04/01/12)
AMENDED: November 14, 2012 – Sections 11.01(5-7) added; Sections 11.09(1) amended and (2)
AMENDED: added; Sections 11.10(1)(H), 11.19, 11.21, 11.22 added
AMENDED: December 8, 2012 – Sections 11.10(1)(F),11.22 (10) added (EMERGENCY, Expires
AMENDED: 03/08/13)
AMENDED: December 22, 2012 – Section 11.22(11-13) added (EMERGENCY, Expires 03/22/13)
AMENDED: January 16, 2013 – Sections 11.10(1)(F)(2), 11.10(G) (EMERGENCY, Expires 0/08/13)
AMENDED: January 19, 2013 – Section 11.22(14-16) added (EMERGENCY, Expires 03/22/13)
AMENDED: February 4, 2013 – Section 11.22(10,13) (EMERGENCY, Expires 03/22/13)
AMENDED: February 23, 2013 – Section 11.22(17-19) added (EMERGENCY, Expires 03/22/13)
AMENDED: March 9, 2013 – Section 11.09(2)(C) amended; Section11.22(20) added (EMEGENCY,
AMENDED: Expires 03/22/13)
AMENDED: October 17, 2013 – Sections 11.09(1-4), 11.10(F-H), 11.22 amended
AMENDED: January 18, 2014 – Section 11.22(2,7,8,10) amended; Section 11.22(13,14) added
AMENDED: (EMERGENCY, Expires 04/18/14)
AMENDED: January 24, 2014 – Sections 11.22(8) amended; Section 11.22(15,16) added (EMERGENCY,
AMENDED: Expires 04/24/14)
AMENDED: February 8, 2014 – Sections 11.09(3,4), 11.22(8,10,13-16) amended; Section 11.22(17-19)
AMENDED: added; (EMERGENCY, Expires 05/01/14)
AMENDED: February 22, 2014 – Sections 11.22 (20,21) added; (EMERGENCY, Expires 05/01/14)
AMENDED: October 7, 2014 – Sections 11.09 (1-4), 11.10(1)(F,H), 11.19(1)(B,C), 11.19(2), 11.22
AMENDED: amended; Sections 11.23, 11.24 added.
AMENDED: December 27, 2014 – Sections 11.22(6,7) added (EMERGENCY, Expires 03/26/14)
AMENDED: February 26, 2015 – Sections 11.10, 11.22 amended (EMERGENCY, Section 11.22 Expires
AMENDED: 05/01/15)
AMENDED: October 26, 2015 – Section 11.04, 11.22 (6-11) added; Sections11.09, 11.10(1)(H),
AMENDED: 11.21(1)(B)(5,6), 11.21(1)(C)(5), 11.22(1-5), 11.24 amended
AMENDED: December 13, 2015 – Section 11.22(1,12-14) (EMERGENCY, Expires 03/11/16)
AMENDED: January 16, 2016 – Section 11.22(6, 15,16) (EMERGENCY)
AMENDED: January 23, 2016 – Section 11.22(1,17) (EMERGENCY)
AMENDED: March 20, 2016 – Section 11.22(21-27) (EMERGENCY)
AMENDED: July 12, 2016 – Chapter 11 – Restructuring
AMENDED: November 15, 2016 – Section 11.08 (1,3-10,11), 11.09 (5,6), 11.11 (1-6), 11.21 (A-C)
AMENDED: January 1, 2017 – Sections 11.05(3), 11.08(10-13), 11.09(5), 11.12 (EMERGENCY)
AMENDED: January 2, 2017 – Section11.08(1,14,15) (EMERGENCY)
AMENDED: February 5, 2017 – Section 11.08(11,13,15-18) (EMERGENCY)
AMENDED: February 26, 2017 – Section 11.08(13,15-18) (EMERGENCY)
AMENDED: March 12, 2017 – Section 11.08(19) (EMERGENCY)
AMENDED: November 14, 2017 – Sections 11.01(6,7), 11.07(B)(1)(2), 11.08, 11.09, 11.10, 11.11,
AMENDED: 11.12(1)(A)(8)
AMENDED: January 1, 2018 – Section 11.08(10,11), 11.11(5) (EMERGENCY)
AMENDED: January 21, 2018 – Section 11.08(12,13) (EMERGENCY)
AMENDED: February 4, 2018 – Section 11.08(11,13) (EMERGENCY)
AMENDED: February 18, 2018 – Section 11.08(14,15) (EMERGENCY)
AMENDED: March 4, 2018 – Section 11.08(13,14,16) (EMERGENCY)
AMENDED: June 24, 2018 – Sections 11.01(8), 11.14 (Maj. Substantive) added
AMENDED: November 14, 2018 – Sections 11.03, 11.05, 11.07, 11.08, 11.09, 11.10, 11.11, 11.12(1)(C)
AMENDED: December 16, 2018 – Section 11.08(7) (EMERGENCY)
AMENDED: December 30, 2018 – Section 11.08(8) (EMERGENCY)
AMENDED: January 6, 2019 – Section 11.08(9) (EMERGENCY)
AMENDED: January 27, 2019 – Section 11.08(8-11) (EMERGENCY)
AMENDED: February 10, 2019 – Section 11.08(7-9) (EMERGENCY)
AMENDED: February 24, 2019 – Section 11.08(11-14) (EMERGENCY)
AMENDED: March 17, 2019 – Section 11.08(14) (EMERGENCY)
AMENDED: November 13, 2019 – Section 11.05, 11.08, 11.09, 11.11, 11.12(1)(B)
AMENDED: December 8, 2019 – Section 11.08(8) (EMERGENCY)
AMENDED: January 5, 2020 – Section 11.08(9) (EMERGENCY)
AMENDED: January 19, 2020 – Section 11.08(10) (EMERGENCY)
AMENDED: February 2, 2020 – Section 11.08(11,12) (EMERGENCY)
AMENDED: February 16, 2020 – Section 11.08(13) (EMERGENCY)
AMENDED: November 9, 2020 – Sections 11.08, 11.09, 11.11
AMENDED: January 17, 2021 – Section 11.08 (EMERGENCY)
AMENDED: February 14, 2021 – Section 11.08 (EMERGENCY)
AMENDED: March 7, 2021 – Section 11.08 (EMERGENCY)
AMENDED: October 31, 2021 – Sections 11.06,11.08, 11.09, 11.11, 11.12, 11.14
AMENDED: January 2, 2022 – Section 11.08 (EMERGENCY)
AMENDED: February 6, 2022 – Section 11.08 (EMERGENCY)
AMENDED: February 20, 2022 – Section 11.08 (EMERGENCY)
AMENDED: November 1, 2022 – Sections 11.08, 11.09, 11.11, 11.12
AMENDED: January 8, 2023 – Section 11.08 (EMERGENCY)
AMENDED: February 19, 2023 – Section 11.08 (EMERGENCY)
AMENDED: November 5, 2023 – Sections 11.07, 11.08, 11.09, 11.11, 11.12
AMENDED: December 24, 2023 – Section 11.08 (EMERGENCY)
AMENDED: January 28, 2023 – Section 11.08 (EMERGENCY)
AMENDED: November 12, 2024 – Sections 11.03, 11.08, 11.09, 11.11, 11.12
AMENDED: November 15, 2025 – Sections 11.08, 11.09, 11.11, 11.12
AMENDED: January 11, 2026 – Sections 11.08, 11.09 (EMERGENCY)
AMENDED: February 1, 2026 – Section 11.08 (EMERGENCY)
AMENDED: August 19, 2026 – Section 11.14 – filing 2026-187

Chapter 12 Mussels

Code Me. R. 13-188 Ch. 12 Mussels {#sec-13-188-ch.-12 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 12}

TITLE INDEX

12.01 Nighttime Harvesting Prohibition

12.02 Drag Size Limit

12.03 Seed Mussel

12.04 Mussels Count and Tolerance

12.05 Use of Seed Mussels

12.06 Seed Mussel Conservation Areas

12.01 Nighttime Harvesting Prohibition

In accordance with 12 M.R.S.A. §6746-A it shall be unlawful to fish for or take mussels ( Mytilus edulis ) by dragging between sunset (12 M.R.S.A. §6001(46)) and sunrise (12 M.R.S.A. §6001(45)) within Maine's territorial waters except the Commissioner may authorize the harvest of seed mussels during those times. All requests for this exception must be made to the Department in writing and permits which are granted will be in writing. Any fishing activity not expressly authorized in the permit granted by the Commissioner shall be a violation of this subsection and subject to prosecution and/or seizure.

12.02 Drag Size Limit

It shall be unlawful to fish for or take mussels with any one combination of mussel drag(s) having an aggregate size in excess of 6 feet, 6 inches (6'6") in width (by measuring from the extreme outside edge on one side to the extreme outside edge on the opposite side) in Maine's territorial waters.

12.03 Seed Mussel

Except by permit issued by the Commissioner of the Department of Marine Resources, (see second exception) it shall be unlawful to possess, ship, transport, buy, or sell mussels which by numerical count contain more than 106 mussels per two-quart container. Mussels by numeric count greater than the above shall be considered seed mussel.

Exceptions

This section establishes that seed mussels are those which in a 2-quart container would number no less than 106 by count. This method of measurement results in an average length of 2 inches or less. It is the intent of this regulation that seed mussels may not be landed and placed in the channels of trade, but may be harvested and transported by boat for purposes other than landing, such as for relaying to a lease site or other appropriate bottom. Subsection (A) shall not apply to mussels found in possession, shipped, or transported on the coastal waters of the State of Maine.

The Commissioner may issue a permit allowing possession, shipment, transportation, buying, or selling mussels which by numerical count contain more than 106 mussels per 2-quart container, for the purpose of relaying by truck, specifically for placement on a lease site or other appropriate bottom.

12.04 Mussels Count and Tolerance

The numerical count shall be determined by random sample from among the lot or bulk pile by randomly taking from various parts of the bulk pile or lot an amount equal to two quarts and then numerically counting same to determine the amount of mussels within the two-quart container.

Tolerance of 10%. A ten percent tolerance shall be applied to the 106 mussel count when determining a violation of section 12.03.

12.05 Use of Seed Mussels

Only mussels which meet the definition of seed mussels may be placed on aquaculture lease sites granted under 12 M.R.S.A. section 6074.

12.06 Seed Mussel Conservation Areas

To conserve and provide for effective management of unique mussel areas, seed mussel conservation areas will be designated by the Department of Marine Resources. These areas will be selected based upon several considerations, to include either singly or in combination but not limited to: geographic extent, density, population size distribution, extent subject to winter mortality, and condition.

Areas Defined. It shall be unlawful to take mussels ( Mytilus edulis ) by any method or manner from designated seed mussel conservation area(s) without a permit issued by the commissioner of the Department of Marine Resources. Descriptions of designated areas are as follows:

Jordan River, Trenton/Lamoine description . Except by permit defined above, it shall be unlawful to harvest in any manner or possess mussels taken from the shores, flats, and waters of Jordan River in the towns of Trenton and Lamoine, Hancock County, inside and upstream of a line drawn from the mouth of Crippens Brook, on the western shore, due east to the eastern shore of Jordan River.

West Bay, Gouldsboro description. Except by permit defined above, it shall be unlawful to harvest in any manner or possess mussels taken from the shores, flats, and waters of West Bay and Grand Marsh Bay in the town of Gouldsboro, Hancock County, northwesterly of a line drawn from the northernmost tip of Marsh Point, northeasterly to the southernmost tip of Jetteau Point.

Narraguagus Bay, Milbridge/Harrington description. Except by permit defined above, it shall be unlawful to harvest in any manner or possess mussels taken from the shores, flats, and waters of that area of Narraguagus Bay, in the towns of Milbridge and Harrington, Washington County, northerly of a line running from the southwestern most tip of Foster Island, northwesterly to Clam Ledge, and continuing to a point of land on the easternmost tip of Fickett Point, on the east side of Sinclair Cove, so-called; and southerly of a line running from the northernmost tip of Foster Island, northwesterly to the southwestern most tip of Pinkham Island, continuing northwesterly to the easternmost point of Strout Point.

Harrington River, Milbridge/Harrington description. Except by permit defined above, it shall be unlawful to harvest in any manner or possess mussels taken from the shores, flats, and waters of that area of Harrington River and Flat Bay, in the towns of Harrington and Milbridge, Washington County, lying southwesterly of a line running from the north-westernmost point of land bordering West Carrying Place Cove, northwesterly to the northernmost island of the Five Islands, and continuing westerly to the northernmost point of land bordering Five Islands Cove; and northeasterly of a line running from the southernmost point of land bordering West Carrying Place Cove, northwesterly to Chamberly Island, continuing northwest to the northernmost tip of Blasket Point, thence northeast to the southwestern-most tip Pine Point.

The Department may issue on a first-come-first-serve basis a no-cost permit to licensed mussel fishermen which shall authorize the permit holder to fish in designated seed mussel conservation areas, consistent with provisions of statute and regulation.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §6171
EFFECTIVE DATE: June 4, 1982 – Section 12.01 (EMERGENCY)
AMENDED: September 1, 1983 - Section 12.01
AMENDED: September 12, 1988
EFFECTIVE DATE (ELECTRONIC CONVERSION): February 24, 1997
NONSUBSTANTIVE CORRECTIONS: February 24, 2000 - converted to MS Word
AMENDED: July 20, 2009 – Section 12.01 – filing 2009-358
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 13 Whelks and Periwinkles

Code Me. R. 13-188 Ch. 13 Whelks and Periwinkles {#sec-13-188-ch.-13 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 13}

TITLE INDEX

13.01 Harvesting of Waved Whelk

13.20 Harvesting of Periwinkles

13.01 Harvesting of Waved Whelk

Definition:

Whelk. “Whelk” refers to waved whelk ( Buccinum undatum ).

It shall be unlawful to fish for or take whelk by any means other than a trap.

No more than three traps may be fished on a single line and buoy.

Each buoy and trap must be clearly marked with the Whelk Permit number following by the letter "W".

Each whelk trap must have an escape vent located in the bottom half of the trap. The vest shall measure not less than 1 1/2 inches x 1 1/2 inches square or 1 1/2 inches in diameter, if circular.

Exception. A person who harvests whelks as a by-catch from lobster traps is exempt from

the 3-trap limit, the marking requirement and the vent requirement of this regulation.

It shall be unlawful to raise, haul, or transfer any whelk trap from any coastal waters during the following time:

Night. During the period 1/2 hour after sunset until 1/2 hour before sunrise from June 1^st to October 31^st, both days inclusive.

Weekends. During the period from 4 p.m., Eastern Daylight Savings Time, Saturday, to 1/2 hour before sunrise the following Monday morning from June 1^st to August 31^st, both days inclusive.

Exception. During the period of a Hurricane Warning issued by the National Weather Service in effect for any coastal waters of the state.

It shall be unlawful to possess any whelk with an overall shell length of less than 2 1/2 inches.

It shall be unlawful to harvest whelks unless the harvester holds a Commercial Fishing – Single license with the Whelk Permit endorsement or a Commercial Fishing – Crew license with the Whelk Permit endorsement*. Any person may take up to ½ bushel of whelks for personal use per day without a license or permit. *http://www.maine.gov/dmr/license/index.htm

During red tide or PSP (paralytic shellfish poison) closures* for carnivorous snails, processors or harvesters of whelks may contact the Department of Marine Resources (DMR), Biotoxin Monitoring Program Director to request targeted testing of an area to determine if an exception area for the harvest of whelks may be created. Contact information: telephone (207) 633-9500, fax (207) 633-9579 or write DMR, Biotoxin Monitoring Program Director, P.O. Box 8, West Boothbay Harbor, Maine 04575.

http://www.maine.gov/dmr/rm/public_health/closures/pspclosures.htm

13.20 Harvesting of Periwinkles

Definitions

Periwinkle. “Periwinkle” means the common periwinkle of the genus Littorina .

Harvest restrictions

Methods of harvest prohibited. It shall be unlawful to fish for or take periwinkles by diver/diving (SCUBA or snorkel), pump, suction or any type of mechanical pumping.

Minimum size. It shall be unlawful to take, possess, ship, transfer, transport, buy, or sell undersize periwinkles. For the purpose of this regulation undersize periwinkles will be determined by numerical count as follows:

The numerical count shall be determined by taking a random one quart sample from the bulk pile and then counting the periwinkles to determine the amount of periwinkles in the one quart container. If the one quart sample contains more than 220 periwinkles they will be considered undersize. This method of measurement results in an average taken at the narrowest diameter of the girth of 9/16” or less.

Drag size. It shall be unlawful to fish for periwinkles in Maine’s territorial waters with any one combination of drags having an aggregate size in excess of 6’ in width measuring from the extreme outside edge on one side to the extreme outside edge on the opposite side.

Culling requirement. Undersize periwinkles as well as all bycatch must be immediately liberated into marine waters in the area where harvested.

Night prohibition. It shall be unlawful to fish for or take periwinkles within Maine’s territorial waters by dragging during the period ½ hour after sunset, as defined in 12 M.R.S.A. §6001(46), until ½ hour before sunrise, as defined in 12 M.R.S.A. §6001(45).

Personal use exemption. Recreational harvesters may possess up to 2 quarts per day of periwinkles for personal use without a license.

License endorsement. It shall be unlawful to harvest periwinkles unless the harvester holds a Commercial Fishing – Single license with the Periwinkle Permit endorsement or a Commercial Fishing – Crew license with the Periwinkle Permit endorsement*. There will be no additional charge for this permit. *DMR License Division telephone (207-624-6550) or for online information select the following link: http://www.maine.gov/dmr/license/index.htm

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §6171
EFFECTIVE DATE: June 12, 1996 – (EMERGENCY) – filing 96-273
EFFECTIVE DATE: September 23, 1996 – filing 96-385
EFFECTIVE DATE (ELECTRONIC CONVERSION): February 24, 1997
NONSUBSTANTIVE CORRECTIONS: February 24, 2000 - converted to MS Word
NONSUBSTANTIVE CORRECTIONS: April 11, 2005 – capitalization and history notes only
AMENDED: April 20, 2009 – filing 2009-165
AMENDED: July 20, 2009 – Section 13.20 – filing 2009-363
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 14 Oyster Regulations

Code Me. R. 13-188 Ch. 14 Oysters {#sec-13-188-ch.-14 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 14}

TITLE INDEX

14.01 Definition

14.10 European Oyster Harvesting Restrictions

14.30 American Oyster Harvesting Restrictions

14.10 Criteria for Issuing a Cultchless American Oyster License

14.01 Definitions

European oyster. “European oyster” means animals of the species Ostrea edulis .

American oyster. “American oyster” means animals of the species Crassostrea virginica.

14.10 European Oyster Harvesting Restrictions

Closed season. It shall be unlawful to take, possess, ship, transport, buy or sell European oysters from June 15^th to September 15^th of any year.

Exceptions. Persons holding an aquaculture lease issued pursuant to 12 M.R.S.A. §6072, §6072-A or §6072-B, as provided in §6073-A, and persons holding a limited-purpose aquaculture (LPA) license pursuant to 12 M.R.S.A. §6072-C, may harvest European oysters from an aquaculture site from June 15^th to September 15^th of any year. Transportation, buying or selling must be done in accordance with Chapters 9, 24 and 94.

A person shall not be in violation of Chapter 14.10(1) if they are in possession of a bill of lading for the amount of European oysters purchased from June 15^th to September 15^th of any year showing those oysters were lawfully obtained from an origin outside the State of Maine and possess any applicable license and permit in accordance with Chapter 24.

Minimum size. It shall be unlawful to take, possess, ship, transport, buy or sell European oysters whose shells are less than 3 inches in the longest diameter.

Tolerance. Any person may possess European oysters that are less than 3 inches if they comprise less than 10% of any bulk pile. The tolerance is determined by numerical count of not less than one peck nor more than 4 pecks taken at random from various parts of the bulk pile or by a count of the entire pile if it contains less than one peck.

Exceptions. European oysters of smaller size may be taken or possessed by persons holding an aquaculture lease issued pursuant to 12 M.R.S.A. §6072, §6072-A, or §6072-B, as provided by §6073-A, or persons holding a limited-purpose aquaculture (LPA) license issued pursuant to 12 M.R.S.A. §6072-C. Transportation, buying or selling and sanitation requirements must be done in accordance with Chapters 9, 24 and 94. This exception shall only apply to European oysters cultivated in the leased or licensed areas.

Compliance. Persons must comply with DMR regulations in Chapters 9, 24 and 94.

14.30 American Oyster Harvesting Restrictions

Minimum size. It shall be unlawful to take, possess, ship, transport, buy or sell American oysters whose shells are less than 2.5 inches in the longest diameter.

Tolerance. Any person may possess American oysters that are less than 2.5 inches if they comprise less than 10% of any bulk pile. The tolerance is determined by numerical count of not less than one peck nor more than 4 pecks taken at random from various parts of the bulk pile or by a count of the entire pile if it contains less than one peck.

Exception. American oysters of smaller size may be taken or possessed by persons holding an aquaculture lease issued pursuant to 12 MRS §6072, §6072-A, or §6072-B, as provided by §6073-A or persons holding a limited purpose aquaculture (LPA) license issued pursuant to 12 MRS §6072- C. Transportation, buying or selling and sanitation requirements must be done in accordance with Chapters 9, 24 and 94. This exception shall only apply to American oysters cultivated in the leased or licensed areas.

14.40 Criteria for Issuing a Cultchless American Oyster License

The Commissioner of the Department of Marine Resources may issue a license to grow and possess cultchless American oysters to the following:

Any person, firm, or corporation holding a valid aquaculture lease from the Department of Marine Resources for the purpose of growing cultchless American oysters; or

Any person, firm, or corporation who provides a bill of sale for seed American oysters, and other evidence satisfactory to the Commissioner proving an intent to grow cultchless American oysters in coastal waters.

Any person, firm or corporation who is issued a license under this section shall be subject to all other marine resources laws and regulations that apply to the license holder activities.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §6171
EFFECTIVE DATE: December 31, 1985 – filing 85-491
AMENDED: December 23, 1992 – Section 14.40 added – filing 92-481
EFFECTIVE DATA (ELECTRONIC CONVERSION): February 24, 1997
NON-SUBSTANTIVE CORRECTIONS: February 24, 2000 - converted to MS Word
AMENDED: April 25, 2005 – Sections 14.01, 14.10, 14.30 – filing 2005-117
AMENDED: August 21, 2018 – Section 14.30 added; Section 14.10 amended – filing 2018-152
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 22 Retail Shellfish

Code Me. R. 13-188 Ch. 22 Retail Shellfish {#sec-13-188-ch.-22 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 22}

TITLE INDEX

22.01 Enhanced Retail Seafood License Holders – Compliance

22.02 Receiving Shellfish

22.03 Prevention of Cross Contamination

22.04 Records

22.05 Suspension, Revocation or Refusal to Reissue an Enhanced Retail Seafood License

22.01 Enhanced Retail Seafood License Holders - Compliance

Commingling of shellstock is prohibited.

Enhanced Retail Seafood license holders may not conduct wet storage activities. Wet storage of shellstock is prohibited, except by certified dealers pursuant to a current permit issued by the Department in accordance with Chapter 15.

Shellstock received by an enhanced retail seafood license holder shall be tagged with the harvester tag pursuant to Chapter 9.06 or certified dealer’s tag pursuant to Chapter 15.18. All tags shall be maintained on file for 90 days and shall be kept in chronological order correlated to the date when, or dates during which the shellstock were sold or served, pursuant to the Maine Food Code 3-203.12 (Shellstock, Maintaining Identification). For reference, the Maine Food Code , 10-144 CMR Chapter 200 is available on the web at: http://www.maine.gov/sos/cec/rules/10/144/144c200.docx.

For purposes of this chapter the definitions in Chapter 15 shall apply.

Activities are limited to retail sales only from the enhanced seafood license holder’s fixed facility. Interstate commerce is prohibited in accordance with 12 M.R.S. §6601 sub-§2.

All enhanced retail seafood license holders will be inspected prior to license issuance and on a random basis.

An enhanced retail seafood license holder’s establishment shall have a potable water supply from an approved source that meets the standards of Chapter 5 of the Maine Food Code (“Water, Plumbing and Waste”).

The Vibrio parahaemolyticus Control Plan (the “Vibrio Control Plan” or the “Control Plan”) in Chapter 115 applies specifically to American and European Oysters ( Crassostrea virginica and Ostrea edulis ) and Hard Clams ( Mercenaria mercenaria ) harvested from the areas described in Chapter 115.02. The Control Plan provides additional and more rigorous controls than those imposed by DMR Rules Chapters 9, 15, 16, 17, 18, 19, 20 and 22 to the handling of American and European Oysters and Hard Clams in the affected areas. Insofar as the Control Plan time and temperature requirements exceed those imposed by existing rules or are in addition to those imposed by existing rules, the relevant provisions of the Control Plan shall supersede the provisions of Chapters 9, 15, 16, 17, 18, 19, 20 and 22.

22.02 Receiving Shellfish

The enhanced retail seafood license holder shall reject or discard any shellfish which:

Do not originate from a licensed harvester or dealer; and/or

Are unwholesome, inadequately protected or whose source cannot be identified.

The enhanced retail seafood license holder shall:

Place shellstock under temperature control, 41ºF or less, within 2 hours after receipt from the harvester.

For the purpose of this section, temperature control is defined in accordance with Maine Food Code , Chapter 200, §3-202.11 (“Specifications for Receiving, Temperature”).

22.03 Prevention of Cross Contamination

Shellstock shall be stored in a manner as to be protected from contamination.

If equipment has been used for a species other than shellfish it shall be washed, rinsed and sanitized prior to use for shellstock.

Shellstock shall not be placed into water.

Shellstock coolers shall not be used for storage of bait, other fish processing byproducts or refuse.

Only food grade product may be stored in the cooler physically separated from shellstock and shellfish.

Shellstock shall be stored in a protected location and at an adequate height off the floor to protect it from contamination from water accumulation on the floor or splash by foot traffic.

The enhanced retail seafood license holder shall require all employees to wash, rinse and sanitize their hands thoroughly in a hand washing facility;

Before starting work;

After each absence from the work station;

After each work interruption; and

Any time their hands may have become soiled or contaminated.

No unauthorized personnel shall be allowed to handle shellstock. The employee shall wear a clean apron or other clean outer garments when handling shellstock.

22.04 Records

Each enhanced retail seafood license holder must maintain records pertaining to all shellfish purchases and shellfish shipments received. These records must be made available to the Department upon request and must comply with the following criteria:

Each enhanced retail seafood license holder shall have a business address at which records are maintained.

Records shall:

- 1. Be complete, accurate and legible; 2. Contain all of the Department’s required information in a form authorized by the Department; and

The records must be sufficient to:

- 1. Document that the shellstock was obtained from an authorized source (licensed harvester or certified dealer); 2. Allow each container of shellstock to be traced back to the specific incoming lot of shellstock from which it was taken; and 3. Allow for each lot of shellstock to be traced back to the growing area, date of harvest, and if possible, the harvester or group of harvesters.

Records shall be maintained in a permanently bound ledger book or other recording method approved by the Department.

The records shall be retained:

- 1. For a minimum of one year for fresh shellstock and for a minimum of two years for frozen shellstock.

Shellfish reports: See Chapter 8.10(1) Landings Program ; a no-cost Primary Buyers Permit is required.

22.05 Suspension, Revocation or Refusal to Reissue an Enhanced Retail Seafood License

Suspension or revocation

The Commissioner may apply to the District Court for suspension of an enhanced retail seafood license where the holder has refused to allow a shellfish inspection or has violated a shellfish sanitation regulation. As provided by 12°M.R.S. §6373, the Commissioner may apply for suspension in a summary action before the district court pursuant to the provisions of 4 M.R.S. §184.

The Commissioner may suspend an enhanced retail seafood license under 12 M.R.S. §6401 where the holder has been convicted of a violation of a marine resources law. The Commissioner shall follow the procedures set forth in 12 M.R.S. §§ 6351 to 6353 to impose such a suspension.

When the Department determines that a condition exists that presents an immediate threat to public health the Department may take any or all of the following actions to protect the public health:

Suspend the enhanced retail seafood license in accordance with 5 M.R.S. §10004 (3 & 4);

Require the holder of the enhanced retail seafood license to initiate a recall consistent with the procedures in Chapter 15.36, of any distributed shellfish or shellstock that are adulterated or may have become adulterated; and

Embargo and destroy any undistributed lots of shellstock that are adulterated or may have become adulterated consistent with the provisions of Chapter 15.23.

If the Commissioner determines that an applicant for renewal of an enhanced retail seafood license is not currently in compliance with shellfish sanitation regulations, or has failed to comply with shellfish sanitation regulations during the previous license period, the Commissioner may refuse renewal of the license in accordance with the following procedures:

The Commissioner shall advise the applicant for renewal by certified mail, return receipt requested, of the refusal and the grounds for this refusal.

The Commissioner shall advise the applicant for renewal that the applicant has a right to request that an adjudicatory hearing be held before the Department in conformity with 5 M.R.S., Chapter 375 subchapter IV. The Commissioner shall advise the applicant that the hearing must be requested in writing and that the written request must be received by the Department no later than 10 days of receipt by the applicant of the notice, by certified mail, of refusal to renew the enhanced retail seafood license.

If an adjudicatory hearing is requested, the Commissioner shall schedule a hearing within 10 days of the Department's receipt of the written request for hearing, unless a longer period is mutually agreed to in writing.

Notice of the hearing date, time and location shall be given immediately to the applicant.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §§ 6171-A, 6856
EFFECTIVE DATE: December 21, 2009 – filing 2009-658
AMENDED: January 1, 2016 – Section 22.01(H) – filing 2015-197
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 24 Importation of Live Marine Organisms

Code Me. R. 13-188 Ch. 24 Importation of Live Marine Organisms {#sec-13-188-ch.-24 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 24}

TITLE INDEX

24.01 Definitions

24.02 Permit to Import American Lobsters

24.03 Prohibited Activity

24.04 Aquatic Animal Health Technical Committee

24.05 Permit Application for Marine Organisms

24.06 Permit Application for Shellfish Used as Broodstock in Hatcheries

24.07 Requirements for Shellfish Held as Broodstock

24.10 Permit Issuance Criteria for Shellfish

24.15 Permit Issuance Criteria for Marine Organisms Other than Shellfish

24.16 Finfish Control

24.20 Hearing

24.21 Salmonid Fish Health Inspection Regulations

24.23 Salmon Racks Prohibited

24.30 Marine Fish Health Inspection Regulations

24.32 Gadids (Fish in the Family Gadidae)

24.34 Pleuronectids (Fish in the Family Pleuronectidae)

APPENDICES

Appendix A Table: Diseases, Pests and Parasites of Molluscan Bivalves

24.01 Definitions

In addition to the definitions found in 1 M.R.S.A. §72 and in 12 M.R.S.A. §6001, the following definitions shall apply in interpretation of these importation regulations, Chapter 24:

Active surveillance. “Active surveillance” means laboratory testing which is conducted during the annual hatchery inspection and during spawning as outlined in Chapter 24.21(1)(E), 24.32(4), and 24.34(4).

2. Approved quarantine facility. “Approved quarantine facility” means a facility that the Commissioner has determined is designed, built and operated in a manner that adequately prevents the introduction of pathogens of regulatory concern or the spread of disease into waters outside the facility.

3. Biosecurity. “Biosecurity” means precautions taken to minimize the risk of introducing an infectious disease or harmful biological agent into an animal population.

4. Blue Book. “Blue Book” means “Bluebook Fish Health Section American Fisheries Society. Suggested Procedures for the Detection and Identification of Certain Finfish and Shellfish Pathogens (Blue Book 2007 Edition)”. If a more recent edition is available, the more recent edition will be used.

5. Broodstock. “Broodstock” means reproductively mature aquatic animals that have been selected or used as part of a defined breeding program (See each species group for size definitions).

6. Chain of custody. “Chain of custody” means procedures to account for the integrity of each specimen by tracking its handling and storage from point of specimen collection to final disposition.

7. Clinical. “Clinical” means any visual signs of disease by gross external or internal examination.

8. Confidence level. “Confidence level” means the probability of detecting evidence of at least one infected marine organism within the population of marine organisms tested at an assumed prevalence level of the agent.

9. Cytopathic effect (CPE). “Cytopathic effect (CPE)” means changes in viability, morphology, and/or metabolism of tissue culture cells used in disease surveillance as the result of an infective agent.

10. Finfish. "Finfish" is defined as live fish, fish embryos, or fish gametes, but does not include aquarium species commonly sold in the pet store trade when raised or held in indoor aquaria with no direct discharge to waters of the State.

11. Fish culture facility. “Fish culture facility” means an establishment where finfish are raised or held live and in which the finfish or the rearing waters will come into contact with waters of the State.

A. Marine net-pen facility. “Marine net-pen facility” means a stationary, suspended, or floating system of nets or cages in open waters of the State and located within the boundaries of a lease granted by the Maine Department of Marine Resources.

B. Land-based facility. “Land-based facility” means a facility located above the high tide mark that utilizes artificially created bodies of water for the purposes of rearing, improving, or holding freshwater or marine animals.

12. Gadid. “Gadid” means fish in the family Gadidae.

13. HPR0 ISAV. “HPR0 ISAV” Sequence analysis reveals a putative “full-length” nucleotide sequence (105 nucleotides = 35 amino acids) for the highly polymorphic region of gene segment 6 which encodes the stem of the HE protein of Infectious Salmon Anemia Virus (ISAV).

14. HPR-deleted ISAV. “HPR-deleted ISAV” Sequence analysis reveals gaps in the nucleotide sequence for the highly polymorphic regions of gene segment 6 which encodes for a shortened stem region (11 to 34 amino acids) of the HE protein of Infectious Salmon Anemia Virus (ISAV).

15. Import. "Import" means to land on, bring into or deposit in any place subject to the jurisdiction of the State of Maine from outside the State of Maine.

A. Import for introduction. “Import for introduction” means to introduce marine organisms originating from outside of the State of Maine, directly into coastal waters of the State or into facilities that discharge into waters of the State.

16. Inspection. “Inspection” means an on-site, statistically-based sampling of all lots of fish at the facility and resulting laboratory tests and inspection reports conducted by an inspector in accordance with the testing requirementsand procedures set forth in these rules.

17. Inspector. “Inspector” means an accredited, licensed veterinarian or a certified fish health inspector; or, upon approval of the Commissioner, persons recognized by federal or state agencies with responsibility for aquatic animal health or transfer in the state from which the marine organisms originate. No marine organism culture facility owner or employee withdirect supervisory authority over a facility may serve as an inspector for their facility.

A. Accredited license veterinarian. “Accredited licensed veterinarian” means a veterinarian holding a current license to practice veterinary medicine in the state of Maine or elsewhere, and who has also fulfilled the accreditation requirements of United States Department of Agriculture Animal and Plant Health Inspection Service (USDA/APHIS).

B. Certified fish health inspector. “Certified fish health inspector” means an individual certified by the American Fisheries Society/Fish Health Section (AFS/FHS) as a Fish Health Inspector or Fish Pathologist.

18. Introduce. "Introduce" means to bring into or deposit in any waters of the State from any restricted areas within the State of Maine.

19. Marine Fish Health Zones. "Marine Fish Health Zones" means the following defined marine geographic areas:

Area 1

(1) Eastern Line - Head of tide on the St. Croix River and International Boundary Line Canada and the U.S. (Maine).

(2) Western Line - Line from West Quoddy Head Lighthouse extending bearing 40° magnetic to the International Boundary Line Canada and the U.S. (Maine).

Area 2

Eastern Line - Line from West Quoddy Head Lighthouse extending bearing 40° magnetic to the International Boundary Line Canada and the U.S. (Maine).

(2) Western Line - Line defined by the 68° West Longitude line extending to the limits of the exclusive economic zone (coastal waters).

Area 3

Eastern Line - Line defined by the 68° West Longitude line extending to the limits of the exclusive economic zone (coastal waters).

(2) Western Line - The State of Maine and State of New Hampshire border.

20. Marine organism culture facility owner. “Marine organism culture facility owner” means any person, partnership, company or corporation with a proprietary interest in a marine organism culture facility.

21. Northeast Fish Health Committee Guidelines. “Northeast Fish Health Committee Guidelines” means the most current available edition of the Northeast Fish Health Committee (NEFHC) Guidelines for Fish Health Management in Northeastern States.

22. Nonindigenous species. "Nonindigenous species" means an organism belonging to a species that is not native to Maine, and that does not now exist naturally in Maine.

23. OIE. “OIE”means the World Organization for Animal Health (“Office International des epizooties”).

24. Passive surveillance. “Passive surveillance” means the collection of disease or pathogen data from historical records or diagnostic sampling done during a disease outbreak or a disease investigation.

25. Pathogens of regulatory concern. “Pathogens of regulatory concern” means infectious agents that may cause significant morbidity and/or mortality among marine organism populations in the State of Maine. Known pathogens of regulatory concern are classified by the Commissioner into two (2) pathogen categories based on an annual review and analysis of epidemiological data. See the following definitions and pathogen lists for each species or species group.

Exotic. Those infectious agents that have not been detected in Maine as of the effective date of this rule or that are the subject of an eradication program.

Endemic/limited distribution. Those infectious agents of regulatory concern whose geographic distribution within the State of Maine is not fully known, but whose presence may pose a threat to wild or farmed marine organisms.

26. Pleuronectid. “Pleuronectid” means fish of the family Pleuronectidae.

27. Prevalence. “Prevalence” means the number of detectable cases of disease (or disease agents) present in a population.

28. Salmonid. “Salmonid” means fish of the family Salmonidae.

29. Shellfish. "Shellfish" means clams, quahogs, oysters, mussels and scallops.

30. Standard methods. “Standard methods” means pathogen detection methods specified in the Blue Book and/or in OIE publications, unless other standards are specifically approved by the Commissioner.

24.02 Permit to Import American Lobsters

Importation and introduction of American lobsters ( Homarus americanus ) are allowed by blanket permit under these regulations. No specific permit issued under §24.05 is required for such activity.

24.03 Prohibited Activity

It shall be unlawful to import for introduction or to introduce any live marine organisms whether indigenous or nonindigenous, without a permit issued by the Commissioner. It shall also be unlawful to possess any live marine organism which has been imported for introduction or introduced without a permit issued by the Commissioner.

24.04 Aquatic Animal Health Technical Committee

An Aquatic Animal Health Technical Committee (AAHTC) shall be established jointly by the Commissioners of the Departments of Inland Fisheries and Wildlife and the Department of Marine Resources to provide advice to maintain optimum health among Maine’s aquatic resources and to safeguard wild and cultured organisms from the introduction or dissemination of infectious organisms.

1. Composition and selection. The composition and selection of the Aquatic Animal Health Technical Committee shall reflect the interdisciplinary expertise required to address aquatic animal health issues. All members of the Aquatic Animal Health Technical Committee shall be qualified fish health inspectors or qualified professionals in the aquatic animal health field.

A. There shall be a total of three members representing the public resource agencies; the Maine Department of Inland Fisheries and Wildlife, the Maine Department of Marine Resources and the Maine Department of Agriculture, Conservation, and Forestry.

B. There shall be one memberrepresenting the United States Fish and Wildlife Service.

C. There shall be one member representing the National Oceanic and Atmospheric Administration - National Marine Fisheries Service (NOAA Fisheries).

D. There shall be one member representing the U.S. Department of Agriculture, Animal and Plant Health Inspection Service.

E. There shall be two members at large of which at least one shall be from academia.

F. There shall be two additional members with experience in commercial finfish culture.

G. There shall be two additional members with experience in commercial shellfish culture.

H. The chair shall be elected by a majority vote of the Aquatic Animal Health Technical Committee.

2. Responsibilities

A. Responsibilities of the Aquatic Animal Health Technical Committee shall be to provide technical advice to the Commissioners in the following areas:

(1) Procedures for disease and pathogen surveillance and health monitoring among aquatic animal resources.

(2) Diagnostic protocols and standards.

(3) Criteria for biosecurity, quarantine, animal destruction and facility clean up.

(4) Control of a disease outbreak.

(5) Following annual review and analysis of epidemiological data provide recommendations to the Commissioners regarding the classification and testing requirements for Pathogens of Regulatory Concern.

B. The Aquatic Animal Health Technical Committee shall also:

(1) Review and make recommendations to the Commissioners on pathogen surveillance and the health status of aquatic animal resources.

(2) Actively pursue the development of research programs for addressing the aquatic animal health issues facing the State’s resources.

Serve as a technical resource for aquaculture facility managers to improve management and husbandry practices.

24.05 Permit Application for Marine Organisms

Any person who wishes to import for introduction or introduce any marine organism or to possess any such organism, must apply for a permit from the Commissioner. Application for a permit shall be submitted on forms supplied by the Commissioner and shall contain all information required by the Commissioner, including without limitation the following:

Name, address, e-mail home and business phone of the applicant;

Species, life cycle stage and quantity of marine organism to be imported or introduced;

Area of origin, including name and address of hatchery, if any;

Area of proposed import or introduction, including name and address of hatchery or culture facility, if any;

Date of proposed import or introduction;

Nature, duration and purpose of introduction;

If a nonindigenous species, an explanation of the known habitat and biological and behavioral characteristics of the species, as well as the effects on epifauna and associated organisms; and

A statement of examination by a state, federal or Department of Marine Resources approved aquatic pathogen detection facility indicating its findings and certifying that the marine organisms to be imported or introduced are free of any infectious or contagious disease agents or pests or parasites based on standard methods and techniques of pathogen detection.

In the alternative, if a person wishes to import or introduce any marine organism that is unable to be certified as free of one or more pathogens of regulatory concern, the applicant must provide a description of the proposed quarantine facility to allow the Commissioner to determine whether or not the quarantine facility will adequately prevent the introduction of pathogens of regulatory concern into waters outside the quarantine facility.

A valid fish health inspection report issued by a fish health inspector which meets the requirements of these regulations and any applicable Northeast Fish Health Committee Guidelines.

24.06 Permit Application for Shellfish Used as Broodstock in Hatcheries

Any person who wishes to import or introduce any live shellfish for use as broodstock in a shellfish hatchery or to possess any such shellfish must apply for a permit from the Commissioner. Applications shall contain all information required by the Commissioner including without limitation the information required by 24.05 1 through 7 and a description of the physical facilities and production protocols associated with the quarantine of broodstock required by Section 24.07. Permits may be issued annually. A permit may allow the importation of single or multiple lots of shellfish for use as broodstock in shellfish hatcheries from the area(s) designated in the permit during the period the permit is valid.

24.07 Requirements for Shellfish Held as Broodstock

Any person issued a permit under 24.06 shall hold such broodstock in an approved quarantine facility within the hatchery. Effluent from hatchery tanks or other equipment holding broodstock must be treated by chlorination to achieve a free chlorine concentration of at least 50 parts per million at least two (2) hours after application prior to discharge. Daily records shall be maintained regarding the use of the chlorination treatment system that indicate the time and date of chlorine application and include chlorine test papers used to test results.

24.10 Permit Issuance Criteria for Shellfish

1. The Commissioner may grant a permit to import for introduction or introduce shellfish, or to possess such shellfish, only if the Commissioner finds to a reasonable degree of certainty that those actions will not endanger the indigenous marine life or its environment.

2. In determining whether to issue a permit the Commissioner shall consider the probable effects of the introduction of the shellfish into the recipient area, including, but not limited to:

A. The effects of any previous introduction of the same or a similar species in Maine or other areas;

B. The relationship of the species of marine organism to be introduced with other members of the recipient area ecosystem; and

C. The potential effects of infectious or contagious diseases, pests or parasites that might be associated with the species of marine organism to be introduced upon other members of the ecosystem of the recipient area.

3. Shellfish from the restricted areas listed in Paragraph 4 below shall be presumed to carry the infectious diseases, pests or parasites listed in Appendix A, unless an applicant produces sufficient evidence to rebut this presumption. The presumption may be rebutted by pathologic examination satisfactory to the Department or by a demonstration that the shellfish to be imported, introduced, or possessed have been raised in a closed-system hatchery free of the infectious or contagious diseases found in the coastal waters of the restricted area. Shellfish from areas not listed in Paragraph 4 must meet the requirements of Section 24.05 and demonstrate either that the shellfish do not carry the infectious disease, pests, or parasites listed in Appendix A or that the shellfish have been raised in a closed-system hatchery free from infectious or contagious diseases.

4. The following geographical areas shall be considered restricted areas for the particular species listed:

A. New York. The areas of New York State known as Great South Bay, Micox Bay and Fisher's Island on the north shore of Long Island shall be a restricted area for all species of shellfish;

B. Connecticut. The area of Connecticut known as New Haven Harbor and the federal Milford Hatchery in Milford, Connecticut shall be a restricted area for all species of shellfish;

C. Rhode Island. The area of Rhode Island known as Charlestown Pond shall be a restricted area for all species of shellfish;

D. Massachusetts. The areas of Massachusetts known as Wellfleet Harbor, Cotuit Bay, Oyster River and Wareham River shall be a restricted area for all species of oysters;

E. New Hampshire. The State of New Hampshire shall be a restricted area for all species of oysters;

F. Maine. All coastal waters within the State of Maine shall be a restricted area for European Oysters ( Ostrea edulis). All territorial waters in the areas listed below shall be a restricted area for American oysters (Crassostrea virginica) greater than 3 mm in size:

Between Ocean Point, Linekin Neck, Boothbay to Pemaquid Point, Bristol

North of a line beginning at the southernmost point on Linekin Neck, Boothbay and continuing southwest to the southern tip of Kennebec Point, Georgetown, including the Sheepscot, Back, and Cross Rivers, and all tributaries.

East of the Route 127 bridge between Arrowsic and Georgetown (Back River).

East of the Route 127 bridge between Sasanoa Point, Woolwich and Preble Point, Arrowsic (Sasanoa River).
North of a line beginning at the southernmost point of Oak Island, south of Gun Point, Harpswell and continuing northeast to the southernmost tip of W Cundy Point, Harpswell (Quahog Bay and Ridley Cove).

G. New Jersey. The State of New Jersey shall be a restricted area for American oysters;

H. Delaware, Virginia, North Carolina, South Carolina, Florida and Louisiana. These states shall be a restricted area for American oysters;

I. Maryland. This State shall be a restricted area for American oysters and soft-shell clams;

J. California. The areas of this State known as Mono Bay, Elkhorn Slough, Drakes Estero, Tomales Bay and Humbalt Bay shall be a restricted area for Pacific and European oysters;

K. Washington. The area of this State known as Willapa Bay shall be a restricted area for Pacific oysters and mussels;

L. Canada, British Columbia. The areas of this province known as Henry Bay, Denmon Island, Seal Island, Comax Harbor, Lady Smith Harbor, Crofton, Saltair, Sibell and Nanoose Bays shall be a restricted area for Pacific oysters;

M. Canada, Maritime Provinces. This area of this country shall be a restricted area for American oysters, European oysters, blue mussels and hard-shell clams.

N. Cuba, Venezuela, Mexico and Brazil. These countries shall be restricted areas for all species of oysters;

O. Netherlands and Denmark. These countries shall be restricted areas for European oysters;

P. France. This country shall be a restricted area for all species of oysters;

Q. Japan. This country shall be a restricted area for Pacific oysters;

R. Australia. This country shall be a restricted area for Crossostrea commercialis.

5. The Commissioner may include any permit conditions necessary to protect indigenous marine life or its environment, including, but not limited to, quarantine of broodstock in closed system hatcheries in recipient areas, quarantine of F1 generation individuals in isolation from broodstock and small-scale introduction of F2 generation individuals into recipient areas with continuing disease study.

24.15 Permit Issuance Criteria for Marine Organisms Other than Shellfish

1. The Commissioner may grant a permit to import for introduction or introduce any marine organism other than shellfish, or to possess such an organism, only if he finds to a reasonable degree of certainty that those actions will not endanger the indigenous marine life or its environment.

2. In determining whether to issue a permit, the Commissioner shall consider the potential effects of the introduction of the marine organism into the recipient area, including, but not limited to:

A. The effects of any previous introduction of the same or a similar species into the State of Maine or the effects of any previous introduction of the same or a similar species into similar ecosystems elsewhere;

B. The relationship of the species of marine organism to be introduced with other members of the recipient area ecosystem; and

C. The effects of infectious or contagious diseases, pests or parasites which might be associated with the species of marine organism to be introduced upon other members of the ecosystem of the recipient area.

3. The Commissioner may include any permit conditions necessary to protect indigenous marine life or its environment, including but not limited to, quarantine of broodstock, inclusive of effluent treatment, in the recipient area, quarantine of first generation progeny individuals in isolation from the broodstock and small-scale introduction of second generation progeny individuals into the recipient area with continuing disease study.

4. The Commissioner may accept certifications provided by the Maine Department of Inland Fisheries and Wildlife that an import for introduction or introduction of finfish introduction will not endanger the indigenous marine life or its environment.

5. In determining whether to issue a finfish permit the Commissioner shall also follow the Northeast Fish Health Committee Guidelines which set forth the essential requirements for the prevention and control of finfish diseases. These include a system for inspecting fish culture facilities and the technical procedures to be used.

24.16 Finfish Control

1. Definitions:

Lot. “Lot” means the following:

(1) A lot for size groups 1, 2, and 3 (non-brood facilities) is defined as fish of the same species and age that originated from the same spawning stock and have shared a common water supply continuously throughout their life history. For the purposes of marine fish species that spawn over an extended period of time, a lot will comprise fish that were produced over the course of six months. See each species section for size group definitions.

(2) A lot for size group 4 is defined as fish of the same species that originated from the same spawning stock and share a common water supply, but several age groups (e.g., 3, 4, and 5 year old brood fish) may be combined to form a representative composite lot for sampling.

Production stock. “Production stock” means finfish of size groups 1, 2, and 3.
Qualified source/hatchery. “Qualified source/hatchery” means an established source/hatchery that has had 3 consecutive annual inspections in which pathogens as described in Chapter 24.21(1)(D), 24.32(3), and 24.34(3) have not been detected; or a new hatchery that has had 3 successive negative annual inspections over a continuous 2 year period.
Quarantine. “Quarantine”, when applied to rules governing marine net-pen facilities, means: that there must be no movement of live fish off of or onto the site; that no visitors may be allowed on the site except for necessary fish health personnel; that a biosecurity program approved by the Commissioner must be instituted at the site; and

that disposition of deceased and quarantined fish must be approved by the Commissioner.

Reproductive fluids. “Reproductive fluids” means testicular and ovarian fluids.
Restriction. "Restriction" means that there must be no movement of live fish off of or onto the site; that disinfection protocols and biosecurity must be instituted at the site.
Spawning broodstock. “Spawning broodstock” means a lot of reproductively mature finfish whose gametes will be incubated at fish culture facilities within Maine.
Transfer permits and reports. Transfer permits and reports means:

(1) Annual Fish Health Inspection Report. “Annual Fish Health Inspection Report” means the letter from the Inspector acknowledging that all lots of fish have been inspected according to procedures outlined in Chapter 24.21(1)(E), 24.32(4) and 24.34(4). For facilities which conduct inspections more frequently, the annual inspection shall be a compilation of all results for the year. The Fish Health inspection report shall include an itemized account of results.

Fish Health Inspection Report. “Fish Health Inspection Report” means a letter from the Inspector acknowledging that a specific lot or lots of fish have been inspected according to procedures outlined in Chapter 24.21(1)(E), 24.32(4) and 24.34(4). The Fish Health inspection report shall include an itemized account of results.

Annual Fish Culture Facility Health Report. “Annual Fish Culture Facility Health Report” means a letter from the Commissioner stating the health status of any Fish Culture Facility that requires an annual Fish Health Inspection Report. The Fish Culture Facility Health Report shall be based upon the findings of Annual Fish Health Inspection Reports, the Northeast Fish Health Committee Guidelines and any other fish health inspection reports.

Transfer permit. “Transfer permit” means the permit issued by the Commissioner that authorizes the recipient to transfer finfish to designated geographical area(s) in the coastal waters of Maine during a specified time period. A transfer permit may not be issued until the Department has reviewed the Annual Fish Culture Facility Health Report.

Marine Transfer permit. “Marine Transfer permit” means the permit issued by the Commissioner that authorizes the recipient to transfer live finfish between marine net-pen facilities. A marine transfer permit does not require additional fish health testing requirements unless the transfer is requested between marine fish health zones.

A copy of any required permit shall accompany the finfish shipment at all times, and must be presented upon request to department employees.

For finfish species for which pathogens of regulatory concern are not specified elsewhere in these rules, any time a lot of such fish is diagnosed as having a specific disease or disease agent which can be diagnosed or detected in fifty percent of the mortality or moribund individual fish in an affected container, and which results in an average daily mortality of at least one-half of one percent of the affected individual fish for five or more days in any thirty day period, the permit holder shall notify the Department in writing and by telephone within 48 hours.

4. The permit holder shall maintain records that document mortalities and any treatments used to control those mortalities. These records shall be maintained for 5 years and be made available to the Department upon request. These records shall be kept on forms supplied by the Commissioner.

5. Consequences/action plan

A. Exotic pathogen

(1) When any exotic pathogen of regulatory concern is confirmed at any fish culture facility in Maine as a result of active or passive surveillance, the marine organism culture facility owner shall notify the Commissioner in writing and by telephone within 24 hours of the confirmation. In addition, within 24 hours of confirmation of the detection of any exotic pathogen or regulatory concern, all fish on the site must be restricted. The report to the Commissioner must include, as a minimum:

Species of fish affected;

Size group and age of fish;

Pathogen and whether or not it is clinical;

Prevalence;

Actions being taken to contain or eradicate the pathogen; and

(f) Proposed actions to restore the facility to a qualified source/hatchery.

(2) The Commissioner shall review the report, the Northeast Fish Health Committee Guidelines and may consult with the Aquatic Animal Health Technical Committee, relevant state and federal agencies, and other professionals, and make a decision concerning the remedial action to be taken, if any, in accordance with applicable sections of these regulations. Consideration will be given to certain risk factors including but not limited to:

Risk to the aquaculture industry;

Risk to wild stocks;

Feasibility of eradication by stock destruction;

Time frame and degree of pathogen spread (i.e., local vs. regional);

Final intended disposition of infected stocks; and

(f) Public health ramifications.

(3) Following completion of the risk assessment, the Commissioner may order one or more of the following remedial actions at the affected facility and throughout an area which is determined to pose a risk of exposure to the exotic pathogen of regulatory concern, after consideration of the risk factors in Chapter 24.16(5)(A)(2).

Harvest and sale of processed fish;

Destruction of the stock and proper disposal to minimize release of pathogen(s);

Stocking of the fish if such action possesses no or minimal risk to wild populations;

Re-testing of stock for pathogen;

Treatment of fish and re-test;

Quarantine and continued quarantine of fish for purpose of study or salvage of gametes; or

(g)Other actions determined to be appropriate by the Commissioner upon consultation with the Aquatic Animal Health Technical Committee.

B. Endemic/limited distribution pathogens

(1) When any endemic/limited distribution pathogen of regulatory concern is confirmed at any fish culture facility in Maine as a result of active or passive surveillance, the marine organism culture facility owner shall notify the Commissioner within 14 days after confirmation of the disease agent and prior to movement or transfer. The report to the Commissioner must include, at a minimum:

Species of fish affected;

Size group and age of fish;

Pathogen and whether it is clinical or non clinical;

Prevalence;

Actions being taken to contain or eradicate the pathogen; and

Proposed actions to restore the facility to a qualified source/hatchery.

24.20 Hearing

A hearing on a permit application is not required except that a hearing shall be required where an applicant requests permission to import for introduction, introduce, or possess a nonindigenous species which has not been introduced previously under a Department of Marine Resources permit.

24.21 Salmonid Fish Health Inspection Regulations

1. Inspection regulations

A. Prohibited activity

Except as provided in this subsection, it is unlawful to transfer salmonid finfish to any fish culture facility in Maine or stock salmonid finfish into the coastal waters of Maine that do not meet the requirements of these rules.

The Commissioner may, at his discretion and in consultation with the AAHTC, issue a permit to import or transfer finfish from sources or facilities that do not meet the requirements of these rules to an approved quarantine facility. Transfer from an approved quarantine facility, or a change in operation to that which is less biosecure, may be permitted if post-import testing provides satisfactory evidence of freedom from those pathogens of regulatory concern for which evidence of freedom was not satisfied at the time of import.

(2) No clinically diseased salmonid finfish shall be introduced into the coastal waters of Maine.

B. Definitions. For the purposes of these rules the following terms have the following meanings in addition to the definitions in Chapter 24.01 and 24.16(1):

Size Group. “Size Group” means:

Size Group 1: Fish less than or equal to 4 cm in length, commonly referred to as fry.

Size Group 2: Fish from 4 to 6 cm in length, commonly referred to as fingerlings.

Size Group 3: Non-brood fishes greater than 6 cm in length, commonly referred to as yearlings/adults, which are not being held as broodstock.

Size Group 4: Reproductively mature fish used as broodstock.

C. Compliance reporting requirements, reporting and permits

(1) Inspections

(a) Any person wishing to import, possess, or sell salmonid finfish for the purposes of stocking into coastal waters of maine shall provide a fish health inspection report stating that such finfish have been inspected for all pathogens of regulatory concern before a permit to engage in such activity is issued.

(b) Live salmonid finfish taken from the wild shall be subject to isolation as defined in the Northeast Fish Health Committee Guidelines pending the completion of inspection procedures outlined in Chapter 24.21(1)(E) and the issuance of a fish health inspection report.

(2) Any salmonid fish culture facility raising fish to be introduced into the coastal waters of Maine must submit the most current annual fish health inspection report on approved forms to the Department of Marine Resources prior to the sale and/or movement of such fish from the facility.

(3) Except as provided in Chapter 24.21(1)(A)(1), any person applying for a permit to import salmonid finfish into the State of Maine shall demonstrate that the finfish being imported are free from evidence of all pathogens of regulatory concern; and that the finfish are from a qualified source/hatchery. The Commissioner may prescribe additional fish health testing requirements for importation of salmonids or gametes into the State of Maine. A copy of the current approved transfer permit shall accompany the finfish during transfer.

Evidence of disease freedom for Ceratonova/Ceratomyxa shasta (ceratomyxosis), Myxobolus cerebralis (Whirling disease), and Tetracapsuloides byrosalmonae (PKD) may be considered satisfactory for meeting the requirements of a qualified source/hatchery, if importation will be in the form of embryos that have been iodine disinfected before and immediately after import, prior to the time of introduction to the waters of the receiving facility.

(4) Any person offering salmonid finfish for sale or transferring salmonid finfish to a source in Maine shall provide a current fish health inspection report to any customer or recipient of the fish. A copy of the current approved transfer permit shall accompany the finfish during transfer.

(5) Salmonid finfish transferred for the purposes of immediate harvest for human consumption, or diagnostic inspection shall not be subject to the provisions of these rules. Salmonids harvested for the purposes of human consumption shall be harvested, handled, processed and transported using measures to minimize the introduction of infectious disease into Maine waters. The Aquatic Animal Health Technical Committee will serve as a technical resource in developing guidelines for biosecurity measures associated with harvesting, transport, and processing.

(6) Salmonid finfish may not be transferred between marine net-pen facilities without a marine transfer permit.

D. Testing requirements for pathogens of regulatory concern

Spawning Broodstock

Production Stock

Size Group 4

Size Group 1

Size Groups 2 & 3

Inspection

Testing Requirement

Exotic

Endemic/ Limited Distribution

Exotic

Endemic/ Limited Distribution

Exotic

Endemic/

Limited Distribution

Active

Surveillance

VHSV

IHNV

ISAV-DEL

IPNV

BKD

VHSV

IHNV

ISAV-DEL

IPNV

VHSV

IHNV

ISAV-DEL

IPNV

BKD

Passive

Surveillance

OMV

PKD

SPDV

Other

ISAV-HPR0

Other

OMV

PKD

SPDV

Other

BKD

ISAV-HPR0

Other

OMV

PKD

SPDV

Other

ISAV-HRP0

Other

E. Inspection procedure: The following procedures shall be carried out by an inspector, as defined in these regulations.

Qualified source/hatchery inspection: Except for approved quarantine facilities, those facilities which intend to serve as a qualified source/hatchery for import or transfer to other fish cultures facilities or that stock fish into the coastal waters of the State shall complete an inspection of all production lots at least annually.

(2) Fish health inspections shall be conducted at a time or times of the year conducive for the detection of pathogens and with regard to the age and size of fish and environmental conditions.

(3) A visual exam of all tanks/raceways to assess general health status shall be conducted during the annual inspection.

(4) Testing procedures for infectious agents shall be conducted according to requirements and methodologies approved by the Commissioner. Testing requirements for salmonids in the respective size groups shall be conducted according to Chapter 24.21(1)(D). For viral pathogens, the inspector shall test at the 95% confidence level, 5% prevalence per lot. For bacterial pathogens, the inspector shall test at 95% confidence level, 10% prevalence per lot. In order to detect evidence of the agent of Whirling Disease, the inspector shall sample sixty fish per facility or per water supply, if the facility has more than one water supply . Samples examined for evidence of Whirling Disease shall be of the most susceptible species and ages of fish available. For example, select brook or rainbow trout over brown trout or coho salmon. Select fish at least 5 months old if possible, as referenced in the Blue Book. If bacterial pathogens are negative for 3 consecutive annual inspections, then sampling levels may drop to 20% assumed prevalence for as long as sampling continues to test negative.

(5) Spawning Broodstock shall be tested within 30 days immediately before or after spawning for diseases of regulatory concern according to Chapter 24.21(1)(D).

(a) Reproductive fluids shall be sampled at the 100% level or lethal sampling at a 10% assumed prevalence up to a maximum of 30 fish and reproductive fluids a 2% assumed prevalence level. Reproductive fluids can be collected by trained facility personnel under the direction of the inspector using a specimen chain of custody form.

(b) Complete laboratory diagnostic testing (virology, bacteriology and parasitology) done on broodstock mortalities during a given year can be included if the lethal sampling option is chosen.

(6) Sample size:

(a) For viral and bacterial pathogens the number of samples to be collected from a given lot shall be based upon stratified random sampling which provides 95 percent confidence of detecting a pathogen with an assumed minimum prevalence of detectable infection of two to twenty percent as follows:

Minimum sample sizes for populations varying from 50 to infinity are as follows:

Assumed Prevalence:

10%

20%

Population or lot size

Size

Sample

100

250

110

500

130

1,000

140

1,500

140

2,000

145

10,000

145

100,000 and any larger

150

The above sample sizes are the minimum number of fish to be tested and in situations where pathogens are suspected, additional samples shall be taken at the discretion of the fish health inspector. The method of collecting subsamples from rearing units to obtain a representative sample is left to the discretion of the inspector.

(b) Inspections shall be performed and samples collected by the inspector or a person working under his/her supervision. The inspector is responsible for all work performed.

between annual fish health inspections must be reported by the marine fish culture facility owner to the Commissioner at the time of inspection.

(d) Upon completion of the annual inspection of the fish culture facility, an inspection report will be issued to the marine fish culture facility owner or operator and the Commissioner . Uponreceipt of the inspection report, the Department will review the report and may issue a transfer permit if the report meets the standards outlined in these rules.

(e) Lots of finfish received from qualified sources/hatcheries will not invalidate that fish culture facility’s annual inspection status.

(f) Lots of fish finfish received from sources other than qualified sources/hatcheries that do not comply with Chapter 24.21(1)(C)(1) will invalidate the receiving fish culture facility’s annual inspection status.

F. Pathogen list for salmonids

Exotic pathogens include:

IHNV Infectious Hematopoietic Necrosis Virus

VHSV Viral Hemorrhagic Septicemia Virus

OMV Oncorhynchus masou Virus

WD Whirling Disease (Myxobolus cerebralis)

CS Ceratomyxosis (Ceratomyxa shasta)

PKD Proliferative Kidney Disease (PKX unclassified myxozoan)

IsaV-DEL Infectious Salmon Anemia virus

SPDV Salmonid Pancreatic Disease Virus

Other Any agent not detected in Maine as of the effective date of these rules

that produces a cytopathic effect in cell culture during inspection.

Endemic/limited distribution pathogens include:

ISAV HPR0 Infectious Salmon Anemia Virus (non-deleted variants)

IPNV Infectious Pancreatic Necrosis Virus

BKD Bacterial Kidney Disease (Renibacterium salmoninarum)

BF Furunculosis (Aeromonas salmonicida)

BR Enteric Redmouth (Yersinia ruckeri)

OTHER Any agent that produces a cytopathic effect in cell culture during

inspection.

G. Special salmonid fish health inspection regulations relating to ISAV

Affected facilities. All marine salmonid finfish net pen culture facilities (finfish facilities), located within the coastal waters of the State of Maine, are subject to the requirements of this subsection. These requirements are in addition to the other requirements of Chapter 24.21.

Mandatory surveillance and reporting. All holders of finfish aquaculture leases, or their designees, shall comply with these surveillance and reporting requirements. For those leaseholders that are participating in a United States Department of Agriculture (USDA) voluntary ISA control program, where conflicts exist between these rules and voluntary ISA control program standards or rules the USDA standards or rules shall govern.

(a) Surveillance. Surveillance for Infectious Salmon Anemia Virus (ISAV) in accordance with this subsection (24.21(1)(G)) shall be conducted by inspectors designated by the Maine Department of Marine Resources. All analytical tests shall be completed within 14 days of the date of sampling and records made available to the Department upon request. All samples must have a clear written chain of custody from the inspector to the accredited analytical laboratory conducting the tests.

(b) Testing procedures

Level of surveillance. The level of surveillance shall be consistent with the most recent available version of the United States Department of Agriculture, Animal and Plant Health Inspection Service’s “Infectious Salmon Anemia Program Standards” (ISA Standards). Sampling must be conducted monthly for all active salmonid facilities. The Commissioner may authorize an alternative sampling protocol where conditions warrant.

The Commissioner may require more frequent testing for specific finfish facilities if a suspected positive case of ISAV is detected.

Sample classification. Reverse transcriptase polymerase chain reaction (RT-PCR) shall be the primary screening diagnostic test utilized to detect the presence of ISAV. Indirect fluorescence antibody test (IFAT) impression smears will be acetone-fixed and archived. IFAT slides corresponding to any tissue sample testing positive by RT-PCR will subsequently be tested. Classification of samples with respect to ISAV detection shall conform to the ISA Standards. In the event of a positive ISAV diagnostic procedure, diagnostic tests to resolve the classification of suspect or unconfirmed samples using material from the positive tests or remaining sample material must be initiated within 24 hours of any positive diagnostic procedure. Viral culture is required using fish collected during a 7-day reinspection for suspect finfish facilities. Genetic sequencing may be warranted following RT-PCR positive findings. The Commissioner may require specific tests as necessary to resolve the classification of suspect or unconfirmed samples.

(c) Completion and submission of results. Surveillance results, regardless of whether ISAV was detected (positive or negative results), shall be reported in written form via email, fax or hand-delivery to the Department, within 24 hours of their completion. Each report shall include, at a minimum: Inspector’s name, date sampled, DMR lease site identification code, pen(s) sampled, year class status of salmonids on the site, size group, name of the lab conducting each analysis, the analytical test(s) used, and copies of original laboratory test results.

(d) Transfer permits. All transfer permit requests (Chapter 24.16(1)(H)(4 and 5)) must include the most current ISAV status and a date of that status for the finfish facility to which the fish are to be transferred.

Marine to marine transfers are prohibited, unless an exemption is provided for on a case-by-case basis by the Commissioner. Exemptions shall only be granted for unusual circumstances that do not increase the likelihood of ISAV transmission between finfish facilities.

(e) Participation. Participation shall be in the USDA ISA surveillance and monitoring program, unless the Commissioner reviews and approves a company ISA surveillance or indemnification program.

Consequences /action plan. Following a confirmed positive case of ISAV, the Commissioner shall take action according to Chapter 24.16(5)(A) Exotic Diseases. This action plan shall include remedial action(s) including further diagnostic procedures. In the Commissioner’s sole discretion, remedial action requirements may be based on the facility’s existing ISAV action plan.

H. Restrictions on vessel and equipment movement

(1) Affected vessels and equipment. This subsection applies to all vessels, service equipment and net pens utilized to conduct finfish aquaculture operations and activities including, but not limited to harvest boats, well boats, personnel transport vessels, dive and mortality-handling vessels, and feed transport barges. It does not apply to recreational or commercial vessels not engaged in aquaculture.

(2) Biosecurity audits and disinfection protocols. All vessels, service equipment and net pens involved in aquaculture activities will be required to undergo an initial biosecurity audit by persons authorized by the Department when they are put into operation. Biosecurity audits, including timely follow-ups if needed to verify compliance with the initial audit’s findings, shall be undertaken on a semi-annual basis in Marine Fish Health Zone, Area 1 and annually outside of Area 1. An initial audit must take place within 30 days of the first day of operation.

Authorized auditors have the authority to specify remedial action for deficiencies revealed in an initial audit. The Commissioner shall determine whether sufficient remedial action was taken by the marine net-pen facility owner after reviewing the initial and follow-up audit results.

All completed initial and follow-up audits shall be placed on file with the Department no later than 30 days following their completion. In order to be deemed acceptable, audits conducted in Canada must be signed by either the appropriate provincial authorities or an accredited veterinarian.

All vessels, service equipment, and net pens involved in aquaculture must be routinely disinfected according to the disinfection protocols established in the ISA Standards (most recent available edition).

(3) Aquaculture vessel, service equipment, and net pen movement restricted. Vessels, service equipment and net pens are prohibited from traveling west of the restricted area (Chapter 24.21(1)(H)(5)) unless exempted under Chapter 24.21(1)(H)(5)(a). Vessels, service equipment and net pens located outside the restricted area are prohibited from traveling into or through the restricted area unless exempted under Chapter 24.21(1)(H)(5)(a).

Vessels, service equipment and net pens are not prohibited from moving between the restricted area and Canadian waters, provided they do not travel west of the restricted area in order to do so.

However, there can be no movement of vessels, service equipment or net pens between either confirmed or suspected ISA or ISAv positive sites or bay management areas and Maine finfish aquaculture facilities without an authorization as described below.

All vessel operators shall maintain a log that clearly indicates all transit points of the vessel, including aquaculture site locations and bay management areas, disease status of the aquaculture site locations and bay management areas when known, and dates of all transit points. This log shall also include the date and manner of all disinfections conducted of the vessel.

At the Department’s request, the log shall be submitted to the Department prior to entering the restricted zone defined below in Chapter 24.21(1)(H)(5) in order that the Department may verify the log information and the disease status of any of the sites or bay management areas with the appropriate authorities.

Pending review of the log, no vessel may enter the restricted zone as defined below in Chapter 24.21(1)(H)(5). After review of the log, vessels, service equipment, or net pens determined to have tended or visited any sites or bay management areas designated as being either confirmed or suspect for the presence of ISA or ISAv shall be subject to a required disinfection which may include below the waterline disinfection. For those vessels that have transited through a confirmed or suspect bay management area, the Department shall consider the specific routes and the present status of each site within the bay management area in determining the required disinfection.

Fish harvested as a result of an eradication order or from an aquaculture site designated as Category 2, 3, 4, or 5 as described in the United States Department of Agriculture’s, Animal Plant Health Inspection Service’s “Infectious Salmon Anemia Program Standards” (most recent available edition) or sites or bay management areas designated as confirmed or suspect by the Department for ISA or ISAV shall not be transported into or out of the restricted area by vessel unless authorized by the Department.

Such authorization shall require a risk evaluation be conducted by the Department and a complete disinfection and transit plan be approved by the Department prior to any transport of harvested fish.

(4) Prohibition on net movement between sites. Nets shall not be moved between finfish facilities. The movement of nets from finfish facilities to on-shore cleaning facilities is allowed provided the nets are contained.

(5) Restricted area. These regulations apply to all vessels, service equipment and net pens utilized to conduct finfish aquaculture operations and activities located in Marine Fish Health Zone, Area 1 (Chapter 24.01(19)(A)).

Exemptions. Vessels, service equipment and net pens having undergone an initial and follow-up biosecurity audits maintained on a semi-annual basis, by a person authorized by the Commissioner, may be granted an exemption to the movement restrictions following approval by the Commissioner. Exemption requests must include biosecurity audit results, including any follow-up audit and be submitted by the vessel owner or operator to the Commissioner in writing, see contact information above under Chapter 24.21(1)(G)(2)(f). An exemption document must be available for inspection on an exempted vessel, service equipment and net pens at all times and displayed according to the Commissioner’s instructions.

Salmon Racks Prohibited

It is unlawful to introduce into the coastal waters of Maine any dead salmonid fish species or salmon remains, parts or viscera.

Exception. This section shall not apply to commercially prepared salmon eggs used for bait.

24.30 Marine Fish Health Inspection Regulations

1. Prohibited activity

A. Except as provided in this subsection, it is unlawful to transfer marine finfish to any fish culture facility in Maine or stock marine finfish into the coastal waters of Maine that do not meet the requirements of these rules.

The Commissioner may, at his discretion and in consultation with the AAHTC, issue a permit to import or transfer finfish from sources or facilities that do not meet the requirements of these rules to an approved quarantine facility. Transfer from an approved quarantine facility or a change in operation to that which is less biosecure, may be permitted if post-import testing provides satisfactory evidence of freedom from those pathogens or regulatory concern for which evidence of freedom was not satisfied at the time of import.

No clinically diseased finfish shall be introduced into the coastal waters of Maine.

- 1. Definitions. For the purposes of these rules the following terms have the following meanings:

A. Broodstock Sources:

(1) “Wild Caught Broodstock” means fish that are removed from the coastal waters and transferred to a land-based culture facility for use as broodstock.

(2) “Hatchery-based Broodstock” means fish that originate from and never leave a culture facility, and are selected to become broodstock.

(3) “Marine-site Cultured Broodstock” means fish that are cultured in the coastal waters and spawned in the coastal waters or transferred to a land-based culture facility for use as broodstock.

- 1. Compliance reporting requirements, reporting and permits

A. Inspections

(1) Any person wishing to import, possess, or sell marine finfish for the purposes of stocking into coastal waters of maine shall provide a fish health inspection report stating that such finfish have been inspected for all diseases of regulatory concern before a permit to engage in such activity is issued.

(2) Marine finfish taken from the wild shall be subject to quarantine, in a facility approved by DMR, for at least 90 days pending the completion of inspection procedures and the issuance of a fish health inspection report. Any mortality that occurs during collection or transport and a representative sample of the finfish should be selected during the movement event for testing as prescribed for size group 2 of the relevant species.

B. Any fish culture facility raising finfish to be introduced into the coastal waters of Maine must submit the most current annual fish health inspection report on approved forms to the Department of Marine Resources prior to the sale and/or movement of such finfish from the facility.

C. Except as provided in Chapter 24.30(1)(A), any person applying for a permit to import marine finfish into the State of Maine shall demonstrate that the finfish being imported are free from evidence of all diseases of regulatory concern, and originate from a qualified source/hatchery. The Commissioner may prescribe additional fish health testing requirements for importation of finfish into the State of Maine. A copy of the current approved transfer permit shall accompany the finfish during transfer.

D. Any person offering finfish for sale or transferring finfish to a source in Maine shall provide a current fish health inspection report to any customer or recipient of the fish. A copy of the current approved transfer permit shall accompany the finfish during transfer.

E. Finfish transferred for purposes of immediate harvest for human consumption, or diagnostic inspection shall not be subject to the provisions of these rules. Finfish harvested for the purposes of human consumption shall be harvested, handled, processed and transported using measures to minimize the introduction of infectious disease into Maine waters. The Aquatic Animal Health Technical Committee will serve as a technical resource in developing guidelines for biosecurity measures associated with harvesting, transport and processing.

F. Finfish may not be transferred between marine net-pen facilities without a marine transfer permit.

24.32 Gadids (Fish in the family Gadidae)

Definitions

Production stock. “Production stock” means Gadid fish of size groups 1, 2 and 3.

Size groups. “Size groups” means:

“Size Group 1”: Larval period and juvenile size range of ≤ 4 cm in length.

“Size Group 2”: Juvenile ≥ 4 cm in length and yearlings.

“Size Group 3”: Production fish greater than one year old.

“Size group 4”: Fish set aside to be used as broodstock upon maturity.

2. Pathogen list for Gadids

Exotic pathogens include:

IHNV Infectious Hematopoietic Necrosis Virus

VHSV Viral Hemorrhagic Septicemia Virus

IsaV-DEL Infectious Salmon Anemia virus (HPR-deleted variants)

GID Francisella species – granulomatous inflammatory disease

La02β Listonella (Vibrio) anguillarum serotype and 02 beta

Other Any agent not detected in Maine as of the effective date of these rules that produces a cytophathic effect in cell culture during inspection.

Endemic/limited distribution pathogens include:

IPNV Infectious Pancreatic Necrosis Virus

ISAV-HPR0 Infectious Salmon Anemia Virus (HPR-deleted variants)

BF Furunculosis ( Aeromonas salmonicida ) typical and atypical

Nodavirus VERV (viral encepathalopathy and retinopathy) or also referred to as VNNV (viral nervous necrosis virus)

Loma Loma branchialis ( syn. L. morhua .)

OTHER Any agent that produces a cytopathic effect in cell culture during

inspection.

3. Testing requirements for pathogens of regulatory concern

Marine Site and Hatchery-based Broodstock

Wild Caught Broodstock

Production Stock

Size Group 4

Size Group 1

Size Groups 2 & 3

Inspection

Testing Require-ment

Exotic

Endemic/

Limited Distribution

Exotic

Endemic/

Limited Distribution

Exotic

Endemic/

Limited Distribution

Exotic

Endemic/

Limited Distribution

Active

Surveillance

VHSV

IHNV

ISAV-DEL

La02β

Other

IPNV

Nodavirus

Loma

Histology for General Baseline

Biosecurity audits quarterly

VHSV

IHNV

ISAV-DEL

IPNV

Nodavirus

Other

VHSV

IHNV

ISAV-DEL

La02β

Other

IPNV

Nodavirus

Loma

Passive

Surveillance

GID

Other

ISAV-HPR0

Other

VHSV

IHNV

ISAV-DEL

Other

GID

La02β

Nodavirus

IPNV

ISAV-HPR0

Loma

Other

La02β

GID

Other

ISAV-HPR0

Loma

Other

GID

Other

ISAV-HPR0

Other

4. Inspection procedure: The following procedures shall be carried out by an inspector, as defined in these regulations.

A. Qualified source/hatchery inspection: Except for approved quarantine facilities, those facilities which intend to serve as a qualified source/hatchery for import or transfer to other fish cultures facilities or that stock fish into the coastal waters of the State shall complete an inspection of each production lot at least annually. Lot inspections may occur at different times of the year, as long as all lots are tested at least once every twelve months. Inspection of a lot should occur within 4 months prior to a proposed transfer date.

When a lot of fish which has only had partial pathogen screening due to small size at the time of testing is to be moved from the premises, and the fish have attained a sufficient size to allow testing for a complete range of pathogens, then additional testing to complete an overall pathogen screening of a production lot before transfer should be completed.

B. Fish health inspections shall be conducted at a time or times of the year conducive for the detection of pathogens and with regard to the age and size of fish and environmental conditions.

C. A visual exam of all tanks/raceways to assess general health status shall be conducted during the annual inspection.

D. Testing procedures for infectious agents shall be conducted according to requirements and methodologies approved by the Commissioner. Testing requirements for Gadids in the respective size groups shall be conducted according to Chapter 24.32(3). For viral and bacterial pathogens, the inspector shall test at the 95% confidence level by isolation procedures, 5% prevalence per lot. For Nodavirus, a viral agent, the inspector shall test 10% of lethally sampled larvae or fish via RT-PCR. For Loma, general parasitology, and baseline histology, the inspector shall test at the 95% confidence, 20% assumed prevalence level per lot.

E. Spawning Broodstock shall be tested within 30 days immediately before or after spawning for diseases of regulatory concern according to Chapter 24.32(3).

(1) Reproductive fluids shall be sampled at the 100% level or lethal sampling at the 10% prevalence up to a maximum of 30 fish per lot and reproductive fluids at the 2% prevalence level. Reproductive fluids can be collected by trained facility personnel under the direction of the inspector using a specimen chain of custody form.

(2) If neither the lethal sampling option nor reproductive fluid sampling options are appropriate for a facility with limited, valuable broodstock, then to eliminate lethal sampling of brood, the facility must:

(a) Maintain the broodstock in a physically separated or isolated room or building from production lots with restricted entry and a documented biosecurity plan in place. The biosecurity plan and the facility must be available for veterinary review during inspections.

(b) Individually identify brood fish by means of a permanent tag or other marking device.

(c) For wild-caught broodstock, sample progeny as part of routine facility inspections. Results of this testing as well as the testing of a representative sample at the time of initial movement, as described in Chapter 24.30(3)(A)(2), will be applied toward the broodstock health history.

(d) For hatchery-based brood fish, lethal sampling to continue testing history should come from other fish from the same lot of production fish not being used for brood.

(e) For broodstock selected from marine net-pen facilities, lethal sampling at the time the fish are introduced to a land based facility is required, including all testing as outlined for size group 2, and will include additional bacterial testing to include screening for Francisella species . Fish must be held in an approved quarantine facility for the first 6 weeks after introduction to the facility, and any mortalities must be tested as described for marine site broodstock above.

(3) Complete laboratory diagnostic testing (virology, bacteriology and parasitology) done on broodstock mortalities during a given year should be included for either lethal or non-lethal sampling options.

F. Sample size:

(1) For viral and bacterial pathogens the number of samples to be collected from a given lot shall be based upon stratified random sampling which provides 95 percent confidence of detecting a pathogen with an assumed minimum prevalence of detectable infection of two to twenty percent as follows:

Minimum sample sizes for populations varying from 50 to infinity are as follows:

Assumed Prevalence:

10%

20%

Population or lot size

Size

Sample

100

250

110

500

130

1,000

140

1,500

140

2,000

145

10,000

145

100,000 and any larger

150

The above sample sizes are the minimum number of fish to be tested and in situations where pathogens are suspected, additional samples shall be taken at the discretion of the fish health inspector. The method of collecting sub samples from rearing units to obtain a representative sample is left to the discretion of the inspector.

(2) Inspections shall be performed and samples collected by the inspector or a person working under his/her supervision. The inspector is responsible for all work performed.

(3) Pathogens as described in Chapter 24.32(3)detected by passive surveillance between annual fish health inspections must be reported by the marine fish culture facility owner to the Commissioner at the time of inspection.

(4) Upon completion of the annual inspection of the fish culture facility, an inspection report will be issued to the marine fish culture facility owner or operator and the Commissioner . Uponreceipt of the inspection report, the Department will review the report and may issue a transfer permit if the report meets the standards outlined in these rules.

(5) Lots of finfish transferred from qualified sources/hatcheries to a receiving facility will not invalidate the receiving fish culture facility’s annual inspection status.

(6) Lots of finfish received from sources other than qualified sources/hatcheries that do not comply with Chapter 24.30(3)(A) will invalidate the receiving fish culture facility’s annual inspection status.

24.34 Pleuronectids (fish in the family Pleuronectidae)

1. Definitions. For the purposes of these rules the following terms have the following meanings:

A. Size groups. “Size groups” means:

“Size Group 1”: Larval period and juvenile size range of ≤ 4 cm in length.

“Size Group 2”: Juvenile ≥ 4 cm in length and yearlings.

“Size Group 3”: Production fish greater than one year old.

“Size Group 4”: Mature fish or fish set aside to be used as broodstock upon maturity.

2. Pathogen list for Pleuronectids

A. Exotic pathogens include:

IHNV Infectious Hematopoietic Necrosis Virus

VHSV Viral Hemorrhagic Septicemia Virus

IsaV-DEL Infectious Salmon Anemia virus (HPR-deleted variants)

GID Francisella species – granulomatous inflammatory disease

La02β Listonella (Vibrio) anguillarum serotype 02 beta

Other Any agent not detected in Maine as of the effective date of these rules that produces a cytopathic effect in cell culture during inspection.

Endemic/Limited Distribution pathogens include:

IPNV Infectious Pancreatic Necrosis Virus

ISAV-HPR0 Infectious Salmon Anemia Virus (non-deleted variants)

BF Furunculosis ( Aeromonas salmonicida ) typical and atypical

Nodavirus: VERV (viral encepathalopathy and retinopathy) or also referred to as VNNV (viral nervous necrosis virus)

Loma Loma branchialis ( syn. L. morhua .)

OTHER Any agent that produces a cytopathic effect in cell culture during

inspection.

3. Testing Requirements for Pathogens of Regulatory Concern

Marine Site and Hatchery-based Broodstock

Wild Caught Broodstock

Production Stock

Size Group 4

Size Group 1

Size Groups 2 & 3

Inspection

Testing Require-ment

Exotic

Endemic/

Limited Distribution

Exotic

Endemic/

Limited Distribution

Exotic

Endemic/

Limited Distribution

Exotic

Endemic/

Limited Distribution

Active

Surveil-lance

VHSV

IHNV

ISAV-DEL

La02β

Other

IPNV

Nodavirus

Loma

General Parasitology

Histology for general baseline

Biosecu-rity audits quarterly

VHSV

IHNV

ISAV-DEL

IPNV

Nodavirus

Other

VHSV

IHNV

ISAV-DEL

La02β

Other

IPNV

Nodavirus

Loma

General Parasitology

Histology for general baseline

Passive

Surveillance

GID

Other

ISAV-HPR0

Other

VHSV

IHNV

ISAV-DEL

La02β

Other

GID

Nodavirus

IPNV

ISAV-HPR0

Loma

Other

La02β

GID

Other

ISAV-HPR0

Loma

Other

GID

Other

ISAV-HPR0

Other

4. Inspection Procedure: The following procedures shall be carried out by an inspector, as defined in these regulations.

A. Qualified source/hatchery inspection: Except for approved quarantine facilities, those facilities which intend to serve as a qualified source/hatchery for import or transfer to other fish culture facilities or that stock fish into the coastal waters of the State shall complete an inspection of each production lot at least annually. Lot inspections may occur at different times of the year, as long as all lots are tested at least once every twelve months. Inspection of a lot should occur within 4 months prior to a proposed transfer date.

B. Fish health inspections shall be conducted at a time or times of the year conducive for the detection of pathogens and with regard to the age and size of fish and environmental conditions.

C. A visual exam of all tanks/raceways to assess general health status shall be conducted during the annual inspection.

D. Testing procedures for infectious agents shall be conducted according to requirements and methodologies approved by the Commissioner. Testing requirements for Pleuronectids in the respective size groups shall be conducted according to Chapter 24.34(3). For viral and bacterial pathogens, the inspector shall test at the 95% confidence level, 5% prevalence per lot by isolation procedures. For Nodavirus, a viral agent, the inspector shall additionally test 10% of lethally sampled larvae or fish via RT-PCR. For Loma, general parasitology, and baseline histology, the inspector shall test at the 95% confidence, 20% assumed prevalence level per lot.

E. Spawning Broodstock shall be tested within 30 days immediately before or after spawning for diseases of regulatory concern according to Chapter 24.34(3).

(1) Reproductive fluids shall be sampled at the 100% level or lethal sampling at the 10% prevalence up to a maximum of 30 fish and reproductive fluids at the 2% prevalence level. Reproductive fluids can be collected by trained facility personnel under the direction of the inspector using a specimen chain of custody form.

(a) Maintain the broodstock in a physically separated or isolated room or building from production lots with restricted entry and a documented biosecurity plan in place.

(b) Individually identify brood fish by means of a permanent tag or other marking device.

(c) For wild-caught broodstock, sample progeny as part of routine facility inspections. Results of this testing as well as the testing of a representative sample at the time of initial movement, as descried in Chapter 24.30(3)(A)(2), will be applied toward the broodstock health history.

(d) For hatchery-based broodstock, lethal sampling to continue testing history should come from other fish from the same lot not being used for broodstock.

(e) For marine net-pen facility cultured broodstock, lethal sampling at the time the fish are introduced to a land based facility is required, including all testing as outlined for size group 2, and will include additional bacterial testing to include screening for Francisella species . Fish must be held in an approved quarantine facility for the first 6 weeks after introduction to the facility, and any mortalities must be tested as described for marine site broodstock above.

Sample size:

Minimum sample sizes for populations varying from 50 to infinity are as follows:

Assumed Prevalence:

10%

20%

Population or lot size

Size

Sample

100

250

110

500

130

1,000

140

1,500

140

2,000

145

10,000

145

100,000 and any larger

150

The above sample sizes are the minimum number of fish to be tested and in situations where pathogens are suspected, additional samples shall be taken at the discretion of the fish health inspector. The method of collecting sub samples from rearing units to obtain a representative sample is left to the discretion of the inspector.

(2) Inspections shall be performed and samples collected by the inspector or a person working under his/her supervision. The inspector is responsible for all work performed.

(3) Pathogens as described in Chapter 24.34(3)detected by passive surveillance between annual fish health inspections must be reported by the marine fish culture facility owner to the Commissioner at the time of inspection.

(5) Lots of finfish transferred from qualified sources/hatcheries to a receiving facility will not invalidate the receiving fish culture facility’s annual inspection status.

Appendix A:

Diseases, Pests and Parasites of Molluscan Bivalves

Key: B = Benign; U = Unknown; PD = Potentially Dangerous; D = Dangerous; P = Pest

Status of Seriousness

Diseases

Geographic Zones

States

AMERICAN OYSTERS ( C. virginica )

(U)B

Viral gametocyte hypertrophy

Entire East & Gulf Coasts

Herpesvirus (hemocytic)

CGM

Chlamydia-Rickettsia Disease

Entire east coast

(in ducts and stomach)

Entire east coast

(in tubules)

Entire east coast

(U)PD

Actinomycosis

CSN, DB

NY, NJ

Perkinsus marinus

DB, CB, PS (Entire Estuaries east & Gulf Coast)

NJ, DE, MD, VA, NC

Haplosporidium nelsoni (MSX)

CSN, DB, DE, CMA

NJ, NY, DE,

CGM*

MD, VA, ME

Marsh River, ME

*Wellfleet, MA

Minchinia costalis (SSO)

CGM, CSN, CMA

High salinity estuaries of entire northeast

Nematopsis ostrearum

All Atlantic & Gulf coasts

Ancistrocoma -like ciliates

All Atlantic & Gulf coasts

Sphenophrya -like ciliates

All Atlantic & Gulf coasts

Hexamita sp.

All Atlantic & Gulf coasts

(U)P

Turbellaria

CSM, CGM

NY, MA, ME

Bucephalus cuculus

CB, DB, PS, CMA

CSM, CGM?

All but ME

Nematode infections

CB, PM, DB

Malignant neoplasia

All east coast

Gill Turbellarian

CGM

Canada

Malpeque Bay disease

Canada (Gulf of St. Lawrence)

SOFT-SHELL CLAMS ( Mya arenaria )

Viral hematopoietic neoplasia

CGM, CSN

Chlamydia

All Northeast

Perkinsus sp.

CB, CSN

MD, RI

Ciliates

All Northeast

Pseudoklossia kidney gregarine

CSN, CGM

Bucephalus sp.

Unknown

Gill dysplasia

Entire coast

Gonadal neoplasia

CGM

Searsport, ME

Dennysville, ME

*Accidental introduction in Wellfleet, MA.

Appendix (Cont.)

Status of Seriousness

Diseases

Geographic Zones

States

HARD-SHELLED CLAMS ( Mercanaria mercenaria )

Chlamydia

Entire northeast

Trematode

CSN

Ciliates

Entire range

Arrested gametogenesis

CSN

Chitried fungus

Eastern Canada

BAY SCALLOPS ( Aequipecten irradians )

Microsporidan

GMA

Kidney gregarine ( pseudoklossia )

CSN

MA, CT

BLUE MUSSELS ( Mytilus edulis )

Chlamydia

Entire coast

Bacterial disease of plycate organ

CMA, CNS

Haplosporidan

CGM

Pseudoklossia sp. in kidney

CSN, CGM

MA, ME

Steinhusia in ova

CSN

Ciliates

Entire range

Trematode redia

CGM, CSN, CMA

Trematode metacercariae

CGM, CSM, CMA

Gymnophallus bursicola

Copepod

CGM

Pinnotheres maculatus

CSN, CGM

Mytilicola intestinalis

Europe

Haematopoietic neoplasm

Mytilicola orientalis

US West coast

SEA SCALLOPS (Placopecten magellanicus)

Abscesses

CGM

Fungus

ME (Sheepscot River)

EUROPEAN OYSTERS ( Ostrea edulis )

Mytilicola orientalis

West coast of US, France

Haematopoietic neoplasm

France

Shell disease (fungus)

European Atlantic coast Canada (Maritime provinces)

Minchinia armoricana

France, Netherlands

Martiella refringens

France

Rickettsia

France

Bonamia ostreae

France, Denmark, Netherlands

Herpes-like virus

Wales, GB

Microcell disease

California, Connecticut

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. § 6071, 6171
EFFECTIVE DATE: August 13, 1984
AMENDED: November 19, 1990
AMENDED: August 8, 1992 – Section 24.10(D)(6) (EMERGENCY) – filing 92-321
AMENDED: December 9, 1992 – Section 24.10(D)(6)
ELECTRONIC CONVERSION: February 24, 1997
AMENDED: July 28, 1999 – Section 24.21 added
AMENDED: November 29, 1999 – Section 24.23 added
NONSUBSTANTIVE CORRECTIONS: December 29, 1999 – spelling and punctuation
AMENDED: September 10, 2001 – Section 24.21(I, J)(EMERGENCY, Expires December 9, 2001) – filing 2001-390
AMENDED: December 5, 2001 – Section 24.21(H)(1)(EMERGENCY, Expires March 5, 2002) – filing 2001-515
AMENDED: December 23, 2001 – Section 24.21(I, J)
AMENDED: February 9, 2002 – Section 24.21(H)(1) – filing 2002-47
AMENDED: August 21, 2002 – Section 24.21(J)(EMERGENCY, Expires November 18,
AMENDED: 2002) – filing 2002-306
AMENDED: October 21, 2002 – Section 24.21(J) – filing 2002-390
NON-SUBSTANTIVE CORRECTIONS: May 21, 2003 – Section 24.21(J)(3, last paragraph); history note for August 8, 1992
NON-SUBSTANTIVE CORRECTIONS: May 11, 2004 – Section 24.2(I)
AMENDED: July 20, 2009 – Sections 24.01, 24.04, 24.05, 24.15, 24.16, 24.21, Appendix A amended;
AMENDED: 24.25 removed – filing 2009-362
AMENDED: October 11, 2010 – Section 24.10(1)(D)(6) (EMERGENCY) – filing 2010-496
AMENDED: December 20, 2010 – Section 24.10(1)(D)(6 – filing 2010-618
AMENDED: August 3, 2013 – Section 24.10(1)(D)(6) (EMERGENCY) – filing 2013-194
AMENDED: October 17, 2013 – Section 24.10(1)(D)(6) – filing 2013-242
AMENDED: January 21, 2015 – Section 24.10(1)(D)(4) (EMERGENCY) – filing 2015-008
AMENDED: March 9, 2015 – Section 24.10(4)(F); also, Section renumbered. – filing 2015-022
AMENDED: August 21, 2018 – Sections 24.01, 24.03, 24.07, 24.10, 24.15, 24.17, 24.21, 24.30, 24.32,
AMENDED: 24.34, Appendix B removed – filing 2018-153
AMENDED: April 3, 2019 – a paragraph missing from the clean version in filing 2018-153 (see 24.30(1)(A)) but present in the underline/strikeout version was restored to the web version – filing 2018-153
AMENDED: February 14, 2021 – Section 24.10(4)(F)(5) (EMERGENCY) – filing 2021-044
AMENDED: August 10, 2021 – Section 24(10)(F)(5) (EMERGENCY) – filing 2021-162
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 25 Lobster and Crab Appendices taken from the "Interstate Fishery Management Plan for American Lobster," in Adobe Acrobat (.pdf) format:Amendment 3 (PDF)Amendment 3 Addendum I (PDF)Amendment 3 Addendum II (PDF)Amendment 3 Addendum III (PDF)Amendment 3 Addendum III Technical Addendum #1 (PDF)Amendment 3 Addendum IV (PDF)

Code Me. R. 13-188 Ch. 25 Lobster and Crab Regulations {#sec-13-188-ch.-25 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 25}

TITLE INDEX

25.01 Lobster Fishing in Waters Adjacent to Criehaven

25.02 Definitions

25.03 Taking of Lobsters in York River

25.04 Lobster Trawl Limits

25.05 Lobster Trap Removal

25.06 Vessel Ownership

25.07 ASMFC Lobster Management Areas and Limitations

25.08 Lobster Trap Tag System

25.09 Procedure for Issuing Seed Lobster Permits

25.10 Lobster Trap Limits Established by Lobster Management Zones

25.11 Lobster and Crab Bait Review Process

25.12 Alternative Bait Labeling

25.15 V-notching Lobsters

25.20 Protected Resources

25.40 Green Crabs

25.45 Crab Fishing Limitations

25.50 Closed Season Regulation on Fishing for Crabs in Sheepscot River

25.55 Closed Season on Fishing for Crabs in Damariscotta River

25.60 Closed Season on Fishing for Crabs in Medomak River

25.65 Lobster and Crab Closure in Penobscot River

25.70 Legal Lobster Tails

25.75 Lobster Import/Export Permit

25.80 Lobster Trap Construction Regulation

25.82 Lobster Trap Maximum Size

25.85 Lobster Trap Escape Vent Dimensions

25.90 Swans Island Area Lobster Trap Regulation

25.93 Management Framework for Limiting Lobster Fishing Effort on a Local or Regional Basis - Operational Rules

25.94 Lobster Management Zones

25.95 Monhegan Island Area Lobster Trap Regulation

25.96 Lobster Apprentice Program

25.97 Management Framework for Island Limited Entry Program

25.98 Electronic Tracking Requirements for Federally-Permitted Lobster and Jonah Crab

License Holders

25.01 Lobster Fishing in Waters Adjacent to Criehaven

The waters around the Island of Criehaven within the following described limits: beginning at the southern end of Hogshead, so-called, running west by north 2 nautical miles, thence, southwest by south 3 1/2 nautical miles, thence, east, southeast 3 nautical miles, thence, northeast 3 nautical miles, thence to the first mentioned bound, shall be closed or opened to lobster fishing whenever a majority of the lobster fishermen at Criehaven so petition the Commissioner.

25.02 Definitions

Rigged to fish for lobster. “Rigged to fish for lobster” means to have on board a lobster fishing vessel a machine capable of hauling lobster traps. This device could be a pot hauler or other mechanical device capable of hauling lobster traps to the surface.

Alternative bait. “Alternative bait” means any bait that does not naturally originate from the ocean in accordance with 12 M.R.S.A. §6175. See Chapter 25.12 for regulations.

Approved crab trap. “Approved crab trap” means any top-entry trap with an opening on the top of the trap that has a minimum diameter of 3.66 inches.

Gray Zone. “Gray Zone” means all waters surrounding Machias Seal Island, off of Eastern Washington County, and within the following two boundaries:

Eastern Boundary Coordinates:

44° 46' 35.346'' N, 66° 54' 11.253'' W

44° 44' 41'' N, 66° 56' 17'' W

44° 43' 56'' N, 66° 56' 26'' W

44° 39' 13'' N, 66° 57' 29'' W

44° 36' 58'' N, 67° 0' 36'' W

44° 33' 27'' N, 67° 2' 57'' W

44° 30' 38'' N, 67° 2' 38'' W

44° 29' 3'' N, 67° 3' 42'' W

44° 25' 27'' N, 67° 2' 16'' W

44° 21' 43'' N, 67° 2' 33'' W

44° 14' 6'' N, 67° 8' 38'' W

44° 11' 12'' N, 67° 16' 46'' W

42° 53' 14'' N, 67° 44' 35'' W

42° 31' 8'' N, 67° 28' 5'' W

40° 27' 5'' N, 65° 41' 59'' W

Western Boundary Coordinates:

44° 46' 35.346'' N, 66° 54' 11.253'' W

44° 45' 44'' N, 66° 55' 4'' W

44° 45' 21'' N, 66° 55' 35'' W

44° 45' 17'' N, 66° 55' 40'' W

44° 45' 5'' N, 66° 56' 2'' W

44° 44' 30'' N, 66° 56' 36'' W

44° 44' 23'' N, 66° 56' 41'' W

44° 44' 7'' N, 66° 56' 54'' W

44° 44' 3'' N, 66° 56' 57'' W

44° 43' 38'' N, 66° 57' 14'' W

44° 43' 22'' N, 66° 57' 27'' W

44° 42' 58'' N, 66° 57' 48'' W

44° 42' 39'' N, 66° 58' 3'' W

44° 42' 17'' N, 66° 58' 26'' W

44° 41' 57'' N, 66° 58' 55'' W

44° 41' 43'' N, 66° 59' 16'' W

44° 40' 38'' N, 67° 0' 12'' W

44° 40' 33'' N, 67° 0' 17'' W

44° 40' 14'' N, 67° 0' 26'' W

44° 39' 44'' N, 67° 0' 44'' W

44° 39' 36'' N, 67° 0' 47'' W

44° 39' 11'' N, 67° 1' 10'' W

44° 38' 31'' N, 67° 1' 42'' W

44° 38' 11'' N, 67° 1' 55'' W

44° 37' 46'' N, 67° 2' 14'' W

44° 37' 27'' N, 67° 2' 22'' W

44° 36' 23'' N, 67° 6' 26'' W

44° 36' 2'' N, 67° 7' 9'' W

44° 34' 57'' N, 67° 9' 27'' W

44° 33' 8'' N, 67° 11' 22'' W

44° 32' 57'' N, 67° 11' 31'' W

44° 32' 34'' N, 67° 11' 47'' W

44° 30' 47'' N, 67° 13' 57'' W

44° 29' 49'' N, 67° 15' 9'' W

44° 29' 47'' N, 67° 15' 11'' W

44° 28' 10'' N, 67° 16' 1'' W

44° 23' 56'' N, 67° 18' 6'' W

44° 23' 36'' N, 67° 18' 16'' W

44° 22' 36'' N, 67° 18' 15'' W

44° 20' 50'' N, 67° 18' 2'' W

44° 12' 6'' N, 67° 16' 56'' W

44° 11' 12'' N, 67° 16' 46'' W

42° 53' 14'' N, 67° 44' 35'' W

42° 31' 8'' N, 67° 28' 5'' W

40° 27' 5'' N, 65° 41' 59'' W

25.03 Taking of Lobsters in York River

No person shall catch, take or trap lobsters in York River, York County, from its source to a line running from Rock's Nose, so- called, to the red painted rock on Stage Neck, so-called, on the opposite shore.

25.04 Lobster Trawl Limits

Casco Bay. It shall be unlawful to have on any trawl more than 12 lobster traps in waters within the following area: Starting at Martin Point, Portland; southeasterly to the northern end of House Island, Portland; thence southeasterly to the northeast point of White Head, Cushing Island, Portland; thence easterly to the southwest point of outer Green Island; thence easterly to the light at Halfway Rock; thence northwesterly to the Green Island Ledge Buoy; thence northwesterly to Parker Point, Yarmouth.

It is unlawful to have on any trawl more than 3 lobster traps in the following areas:

West of Cape Elizabeth and east of Kittery. Westerly of a line drawn from the active lighthouse at Two Lights in Cape Elizabeth to 43° 31.52’N, 070° 08.4’ W continuing in a straight line, to the point of intersection with the 3-nautical-mile line, and northerly and easterly of a line running between the Kitts Rocks Whistle Buoy and the West Sister Buoy and extending westerly to the New Hampshire border, and from the West Sister Buoy to the Murray Rock Buoy and thence to and through the lighthouse on Boone Island and, continuing in a straight line, to the point of intersection with the 3-nautical-mile line;
Between Pemaquid and Robinson's Points. Between the following lines: - 1. Beginning at a point 48 miles true north of the lighthouse on Pemaquid Point, Lincoln County; thence true south through the lighthouse to a point of intersection with the 3-nautical-mile line; and 2. Beginning at a point 40 miles true north from the lighthouse at Robinson's Point, Isle au Haut, Knox County; thence true south through the lighthouse to a point of intersection with the 3-nautical-mile line;
Off Hancock County and within the following areas. Beginning at the Southern tip of Schoodic Point at 44° 19.900’ N and 068° 03.609’ W; proceeding in a southeasterly direction along the Zone A/B line to its intersection with the “three mile line” at 44° 16.45' N, 68° 2.24' W; thence running in a southwesterly direction along the “three mile line”, as described in DMR Chapter 75.01(8), to its intersection with the lobster Zone B/C line at 44° 1.994’ N and 68° 28.581’ W thence; thence following the B/C line to latitude 44° 01.376’ N and 068° 28.396’ W; thence running west to the point of intersect with the line described in subsection 2, paragraph B; and then following that line north to its point of origin 40 miles true north of the lighthouse at Robinson’s Point, Isle Au Haut, Knox County.

It is unlawful to have on any trawl more than 5 lobster traps in the following area off Hancock County:

From the intersection of the eastern boundary of Lobster Zone B with the Maine Six Mile Line at 44° 8.64' N, -67° 59.19' W, proceeding in a southerly direction for _{9.2 NM along the eastern boundary of Lobster Zone B to 43° 59.75' N, 67° 55.72' W, then}6.7 NM southwesterly to 43° 56.0' N, 68° 3.26', thence True west to a point on the Mount Desert Rock 3NM line at 43.0° 56.0' N, 68.0° 4.63' W, following the 3NM line to 43.0° 56.0' N, 68.0° 10.84' W, continuing True west to the Maine Six Mile line at 43.0° 56.0' N, 68.0° 23.04' W. Thence following the Maine Six Mile line in a northeast direction back to 44° 8.64' N, 67° 59.19' W.

In Maine Lobster Zone B described in 25.94(2)(b), between the “three nautical mile line” described in 75.01(8) and the Maine six mile line described in 75.01(1)(6).

Beals Island to Libby Island, Washington County. It shall be unlawful to have on any trawl more than 4 lobster traps in waters within the following area: A line starting at the Southeast tip of Kelly Point, Jonesport, thence following a southerly direction on a course of 170 degrees True to the most southern end of Freeman Rock, Jonesport (southwest of Moose Peak Light) as identified on National Oceanic and Atmospheric Administration nautical charts. Thence following a compass course 60 degrees True to the geographic coordinates N 44º 32.6' W 67º 21.1'. Thence following a compass course of 305 degrees True to the most southern tip of Cow Point, Roque Bluffs.

Kittery. It is unlawful to have on a trawl more than 10 lobster traps in the waters southerly of a line running between the Kitts Rocks Whistle Buoy and the West Sister Buoy and extending westerly to the New Hampshire border, and from the West Sister Buoy to the Murray Rock Buoy and thence to and through the lighthouse on Boone Island and, continuing in a straight line, to the point of intersection with the 3-nautical-mile line. Each trawl set in this area must be marked on each end with at least one buoy with a buoy stick of at least 4 feet in length.

Linekin Bay. It is unlawful to fish for or take lobsters with more than two traps on any one line or buoy in the waters of Linekin Bay, Lincoln County, inside and northerly of a line drawn as follows: starting at the southern tip of Spruce Point, Boothbay Harbor, southerly to a red navigational buoy N"2"; thence southeasterly to a green navigational buoy C"1"; thence easterly to the northern tip of Oak Island; thence true east to Linekin Neck, Boothbay.

Sheepscot Bay and Sequin Island Area. It is unlawful to have on any trawl more than three lobster and crab traps or shrimp traps in coastal waters inside and upstream of the following line: starting at the southern tip of Indiantown Island, Boothbay; thence southerly to the northernmost point on Cameron Point, Southport; then starting at the southwest point of Southport; thence southeast to the Cuckolds; thence southerly 188ºT. to the territorial limits of the State (LORAN C coordinates 13054.5 and 25904.0); thence westerly to Mile Ledge Bell R20ML; thence northwesterly to the navigational buoy C (1JK) Jackknife Ledge; thence northerly to the southern tip of Wood Island; thence northerly from the northern tip of Wood Island to the most southeast point on Popham Beach, Phippsburg.

25.05 Lobster Trap Removal

Summary*: This regulation established the procedure for removal of traps, warps, buoys or cars that are washed up above the mean low water mark or are otherwise abandoned or lost pursuant to 12 M.R.S.A. §6434.

A lobster trap, car, buoy or warp may be moved or removed from the waters or shores of the state for the purpose of returning the lobster gear to the licensed owner or properly disposing of lobster gear by any person who has written permission from a Marine Patrol Officer. Any person who wants to obtain written permission to remove the above described gear must contact the Department in advance of removal. Such written permission shall include amount and type of gear, license number, (if available), and final destination of said gear.

Any person who possesses traps, warps, buoys or cars and is not a Marine Patrol Officer, the licensed owner or someone with written permission from the licensed owner or a Marine Patrol officer, shall be in violation of 12 M.R.S.A. §6434.

25.06 Vessel Ownership

When application information concerning vessel ownership changes, the license holder shall immediately notify the Commissioner in writing within 3 business days or the license shall become void pursuant to 12 M.R.S.A. §6301(5).

Upon request the Commissioner may require the holder of a lobster and crab license, which identifies a vessel on that license, to certify to the Department that they meet the definition of a vessel owner as established under 12 M.R.S.A. §6431-E(1)(B).

25.07 ASMFC Lobster Management Areas and Limitations

Definitions

Lobster Management Area 1. “Lobster Management Area 1” is defined by the area, including state and Federal waters that are near-shore in the Gulf of Maine, bounded by straight lines connecting the following points, in the order stated, and the coastline of Maine, New Hampshire, and Massachusetts to the northernmost point on Cape Cod:

Point Latitude Longitude

A 43°58' N. 67°22' W.

B 43°41' N. 68°00' W.

C 43°12' N. 69°00' W.

D 42°49' N. 69°40' W.

E 42°15.5' N. 69°40' W.

G 42°05.5' N. 70°14' W.

G1 42°04.25' N. 70°17.22' W.

G2 42°02.84' N. 70°16.1' W.

G3 42°03.35' N. 70°14.2' W.

Along the coastline of Massachusetts, New Hampshire, Maine, and the seaward EEZ boundary back to point A.

Lobster Management Area 2. “Lobster Management Area 2” is defined by the area, including state and Federal waters that are near-shore in Southern New England, bounded by straight lines connecting the following points, in the order stated:

Point Latitude Longitude

H 41°40' N. 70°00' W.

I 41°15' N. 70°00' W.

J 41°21.5' N. 69°16' W.

K 41°10' N. 69°06.5' W.

L 40°55' N. 68°54' W.

M 40°27.5' N. 72°14' W.

N 40°45.5' N. 71°34' W.

O 41°07' N. 71°43' W.

P 41°06.5' N. 71°47' W.

Q 41°11'30" N. 71°47'15" W.

R 41°18'30" N. 71°54'30" W.

From point "R" along the maritime boundary between Connecticut and Rhode Island to the coastal Connecticut/Rhode Island boundary and then back to point "H" along the Rhode Island and Massachusetts coast.

Area 2/3 Overlap. “Area 2/3 Overlap” is defined by the area, comprised entirely of Federal waters, bounded by straight lines connecting the following points, in the order stated:

Point Latitude Longitude

K 41°10' N. 69°06.5' W.

L 40°55' N. 68°54' W.

M 40°27.5' N. 72°14' W.

N 40°45.5' N. 71°34' W.

D. Lobster Management Area 3. “Lobster Management Area 3” is defined by the area, comprised entirely of Federal waters, bounded by straight lines connecting the following points, in the order stated:

Point Latitude Longitude

A 43°58' N. 67°22' W.

B 43°41' N. 68°00' W.

C 43°12' N. 69°00' W.

D 42°49' N. 69°40' W.

E 42°15.5' N. 69°40' W.

F 42°10' N. 69°56' W.

K 41°10' N. 69°06.5' W.

N 40°45.5' N. 71°34' W.

M 40°27.5' N. 72°14' W.

U 40°12.5' N. 72°48.5' W.

V 39°50' N. 73°01' W.

X 38°39.5' N. 73°40' W.

Y 38°12' N. 73°55' W.

Z 37°12' N. 74°44' W.

ZA 35°34' N. 74°51' W.

ZB 35°14.5' N. 75°31' W.

ZC 35°14.5' N. 71°24' W.

From point "ZC" along the seaward EEZ boundary to point "A".

Lobster Management Area 4. “Lobster Management Area 4” is defined by the area, including state and Federal waters that are near-shore in the northern Mid-Atlantic, bounded by straight lines connecting the following points, in the order stated:

Point Latitude Longitude

M 40°27.5' N. 72°14' W.

N 40°45.5' N. 71°34' W.

O 41°07' N. 71°43' W.

P 41°06.5' N. 71°47' W.

S 40°58' N. 72°00' W.

T 41°00.5' N. 72°00' W.

From Point "T", along the New York/New Jersey coast to Point "W".

W 39°50' N. 74°09' W.

V 39°50' N. 73°01' W.

U 40°12.5' N. 72°48.5' W.

From Point "U" back to Point "M".

Lobster Management Area 5. “Lobster Management Area 5” is defined by the area, including state and Federal waters that are near-shore in the southern Mid-Atlantic, bounded by straight lines connecting the following points, in the order stated:

Point Latitude Longitude

W 39°50' N. 74°09' W.

V 39°50' N. 73°01' W.

X 38°39.5' N. 73°40' W.

Y 38°12' N. 73°55' W.

Z 37°12' N. 74°44' W.

ZA 35°34' N. 74°51' W.

ZB 35°14.5' N. 75°31' W.

From Point "ZB" along the coasts of North Carolina, Virginia, Maryland, Delaware, New Jersey back to Point "W".

Lobster Management Area 6. “Lobster Management Area 6” is defined by the area, including New York and Connecticut state waters, bounded by straight lines connecting the following points, in the order stated:

Point Latitude Longitude

T 41°00.5' N. 72°00' W.

S 40°58' N. 72°00' W.

From Point "S", boundary follows the 3 mile limit of New York as it curves around Montauk Point to Point "P"

P 41°06.5' N. 71°47' W.

Q 41°11'30" N. 71°47'15" W.

R 41°18'30" N. 71°54'30" W.

From point "R", along the maritime boundary between Connecticut and Rhode Island to the coast; then west along the coast of Connecticut to the western entrance of Long Island Sound; then east along the New York coast of Long Island Sound and back to Point "T".

Outer Cape Lobster Management Area. “Outer Cape Lobster Management Area” is defined by the area, including state and Federal waters off Cape Cod, bounded by straight lines connecting the following points, in the order stated:

Point Latitude Longitude

F 42°10' N. 69°56' W.

G 42°05.5' N. 70°14' W.

G1 42°04.25' N. 70°17.22' W.

G2 42°02.84' N. 70°16.1' W.

G3 42°03.35' N. 70°14.2' W.

From Point G3 along the outer Cape Cod coast to Point H.

H 41°40' N. 70°00' W.

I 41°15' N. 70°00' W.

J 41°21.5' N. 69°16' W.

From Point "J" back to Point "F".

ASMFC. “ASMFC” means the Atlantic States Marine Fisheries Commission.

ASMFC Interstate Fishery Management Plan (FMP) for American lobster. The “ASMFC Interstate Fishery Management Plan (FMP) for American lobster” for the purposes of this regulation means the most recent plan, which is Amendment 3 to the Interstate Fishery Management Plan for American Lobster (1997) and Amendment 3 Addendums I (Aug. 1999), II (Feb. 1, 2001), III (Feb. 20, 2002) and IV (Dec. 2003). These documents and related materials are available from: http://www.asmfc.org/ or contacting the Commission at telephone: (202) 289-6400.

Lobster fishing limitations. For persons possessing a valid Maine lobster and crab fishing

license and who also own or are incorporated/partnered in a vessel holding a Federal Limited Access Lobster Permit (Federal Lobster Permit), the following shall apply:

The license holder shall annually declare all Lobster Management Areas (LMAs) that are listed on their Federal Lobster Permit. This declaration shall be made at the time of application for issuance of the license on forms provided by the Department. In accordance with the ASMFC FMP, a person declaring any Maine Lobster Management Zone (LMZ A - G) must also declare federal Lobster Management Area 1.

Once declared, LMA’s may not be changed until the next licensing year. LMA’s declared to the Department as of January 1^st shall be identical to LMA’s declared to the National Marine Fisheries Service (NMFS) on forms provided by NMFS concerning the fishing activities, for the federal license year beginning May 1^st of the same calendar year, by the vessel owned/incorporated/partnered by the federal lobster permit holder.

Lobster trap tags designating the LMA’s in which they may be fished shall be issued to federally-permitted vessels based on the LMA’s declared.

If multiple LMA’s are declared and the management measures for the declared LMA’s differ, any vessel owner permitted to fish in the federal exclusive economic zone (EEZ) must comply with the most restrictive management measures for the LMA’s declared, as contained in the ASMFC Interstate Fishery Management Plan (FMP) for American lobster, wherever the fishing activity occurs.

Determining trap limits. Total trap limits must be determined using the highest number of traps allowed within each management area, and applying the most restrictive rule. Most restrictive rules shall not apply to the actual allocation granted to individuals within each management area. At no time shall an individual’s total number of traps fished exceed the total number of tags issued, or the number of traps qualified to fish within each designated area.

25.08 Lobster Trap Tag System

Prohibitions

No person shall fish with or have on board a vessel a lobster trap unless a valid lobster trap tag issued by the Commissioner is securely attached to the frame of the trap. The lobster trap tag shall be affixed to the bridge of the lobster trap so that the tag information is clearly visible for inspection by a Marine Patrol Officer.

No person shall fish with, lift, haul, raise, or transport any lobster trap with a tag which has been tampered with or where the tag number is illegible or missing.

[Expired].

Fishing in a non-declared lobster zone. By June 1, 2017, all Class I, Class II or Class III lobster and crab fishing license holders must affix a second zone tag to their traps when fishing those traps in a zone other than their declared lobster zone. This second zone tag will be in addition to their declared lobster zone tag.

A person who holds a Class I, Class II or Class III lobster and crab fishing license may not fish more than 49% of that person’s lobster traps in a limited entry zone unless that person's license identifies that zone as the declared lobster zone.

The tags must be obtained from the Department of Marine Resources.

The absence of a second tag on traps fished in a zone other than their declared lobster zone shall be prima facie evidence of a violation of this regulation.

Trap tags

Any person fishing for lobsters or setting lobster gear must be a current licensed lobster/crab fisherman, with the exception of persons holding a current marine harvesting demonstration license authorized under 12 M.R.S.A. §6810-A. License holders must declare the vessel or vessels, at the time of license issuance or renewal, to which that license holder’s trap tags will be allocated pursuant to the license. A license holder may declare up to two vessels, except that a noncommercial lobster and crab license holder may declare no more than one vessel. The owner of a declared vessel will be given priority in the issuance of trap tags. If the license holder does not declare a vessel, he or she may be issued trap tags that will be considered unregistered. It is unlawful to fish with, lift, haul, raise or transport any lobster trap with an unregistered trap tag.
No license holder shall be issued trap tags in an amount or manner that causes that license holder or his/her declared vessel to exceed the applicable vessel trap limit established pursuant to 12 M.R.S. §6431-A and §6421(3-A)(F) or the vessel operation requirements established pursuant to §6431-G. The issuance of trap tags shall be consistent with the individual trap limits, zone trap limits, boat trap limits and vessel limitation and vessel operation law and regulation. No license holder may set, haul, retrieve or take lobsters from a trap unless the trap contains a trap tag issued to that license holder. No license holder may use a vessel to set, haul, retrieve or take lobsters from a trap unless that trap contains a trap tag allocated to that vessel in accordance with the license holder’s vessel declaration; except as authorized by the Commissioner pursuant to 12 M.R.S. §6431-G(2)(A),(B) or (C).
A lobster trap tag is valid starting June 1^st of each year. Trap tags shall be valid until May 31^st of the following year (12 months).
Tags shall be replaced each lobster fishing year, when supplied by the Commissioner.
License holder’s presence aboard. A license holder must be present aboard any vessel involved in setting, hauling, retrieving or taking lobsters from lobster traps for which such license holder has been assigned tags under this regulation. The Commissioner may authorize another person to fish for or take lobsters from a vessel when an owner is not on board if an illness or disability temporarily prevents that owner from fishing for or taking lobsters from that vessel and provided that person holds a Class I, II or III lobster and crab fishing license. For the purpose of this section temporary means up to the end of the current license year, unless otherwise specified by the Commissioner in the authorization. Such notification shall describe the disability or illness, the identity of the person who will be acting on the license holder’s behalf and the time period involved. The Commissioner may approve of such substitution under such reasonable conditions as he may require in order to effectuate the purpose and intent of this regulation.
Trap tag requirements for persons holding a marine harvesting demonstration license authorized under 12 M.R.S.A. §6810-A are provided in Chapter 110.

Lost tag replacement. The Commissioner, through his representatives, may issue additional tags to compensate for lobster traps and tags lost, up to 10% of the number of tags issued in that year to the registrant. In the event of catastrophic loss, the Commissioner may issue additional replacement tags in excess of this 10% limitation but may require that a hearing first be held in order to obtain satisfactory evidence of such loss.

Marine patrol officers

Marine Patrol Officers may inspect, at any time, any trap or related equipment to ensure compliance with this regulation. The absence of lobster traps tags attached to lobster traps, as required by the chapter, shall be prima facie evidence of a violation of the regulation.
Provision for on-shore trap count.The Commissioner of the Department of Marine Resources may order a registrant to display lobster traps for an on-shore trap count to verify the amount of lobster traps being fished to be in compliance with 12 M.R.S.A. §6431-A.

Trap tag fees. Price of tags and replacement tags will be set by the Commissioner to cover the costs of trap tags, the cost of administering and enforcing the lobster tag system and other costs associated with 12 M.R.S.A. §6431-B.

All requests for approval by the Commissioner of a variance from the requirements of Chapter 25.08(2)(B) and or (E) must be made to the department in writing; and any such approvals which are granted will be in the form of a special circumstances permit. Any fishing activity not expressly authorized in the special circumstance permit granted by the Commissioner shall be a violation of this subsection and subject to prosecution and or seizure.

25.09 Procedure for Issuing Seed Lobster Permits

Definitions

Maine lobster pound owner. For the purpose of allocating funds under 12 M.R.S.A. §6451(2), a “Maine lobster pound owner” is a person who owns an open air tidal circulated, or cove type facility, that has a minimum capacity of 20,000 pounds of lobsters (exclusive of tank rooms).
Season. The Seed Lobster Program shall have an annual season of January 1^st to November 30^th.

Procedures

Application deadline. Prior to May 1^st of each year, the Commissioner shall notify pound owners, who hold current wholesale seafood licenses, of the opportunity to participate in the Seed Lobster Program. Current wholesale seafood license holders must return the application form by May 15^th to participate in the program for the current year.

Set seed lobster purchase price. The Commissioner shall establish the price to be paid for seed lobsters during the current year, pursuant to 12 M.R.S.A. §6451(2). The price shall be calculated based on the prior year’s DMR Landings Program records for American Lobster. The price per pound shall be calculated as follows:

Divide the landed value by the live pounds for the average price per pound to be used as the price for the program year.

Disbursement of Funds will be made after December 1^st.

Allocation of money

The Commissioner shall establish, with the advice of the Lobster Advisory Council, the amount of money to be expended each year for the purpose of purchasing seed lobsters from Maine lobster pound owners who are holders of current wholesale seafood licenses.

Notwithstanding Chapter 25.09(2)(B) above, if liberations by pound owners exceeds the amount of money allocated for purchase of seed lobsters, each pound owner will be compensated for pounds liberated based on the following formula:

Funds available/ Total pounds liberated = Price per pounds liberated

No pound shall be compensated for more than 2,000 pounds.

If liberations by pound owners are less than the funds allocated for purchase of seed lobsters, the Commissioner may purchase female lobsters by competitive bid up to the amount remaining in the seed lobster purchase allocation for the current year.

The Department shall indicate the condition of the lobsters at the time of liberation. Pound owners will not be reimbursed for unhealthy lobsters.

Permit

The Commissioner shall issue a permit to pound owners to hold and deliver seed lobsters to the Department in the amount to be purchased.

Seed lobsters removed from pounds that are in excess of the amount stated in the permit must be liberated immediately or arrangements made to turn the lobsters over to the Department to be v-notched and liberated. The Department will provide a receipt (liberation slip) for all liberated lobsters.

25.10 Lobster Trap Limits Established by Lobster Management Zones

The Commissioner may adopt rules for a zone under 12 M.R.S.A. §6446 and §6447 that place limits on lobster and crab fishing license holders who fish in that zone regarding the number of lobster traps fished and the time periods allowed for complying with that number in accordance with the requirements of each statute.

Zone G

The trap limit for each license holder who is licensed to fish in Zone G shall be:

a trap limit of 1200 as of March 1, 1998,

a trap limit of 1000 as of March 1, 1999 and

a trap limit of 800 as of March 1, 2000.

Limited lobster fishing in the vicinity of Kittery. Each trawl, set in the area defined in 12 M.R.S.A. §6439-A, shall be marked at each end with buoy sticks of at least 4 feet in length.

Zone E. The trap limit for each license holder who is licensed to fish in Zone E shall be:

a trap limit of 800 as of March 1, 1998,

a trap limit of 700 as of March 1, 1999 and

a trap limit of 600 as of March 1, 2000.

Zone D. The trap limit for each license holder who is licensed to fish in Zone D shall be:

a trap limit of 1200 as of March 1, 1998,

a trap limit of 1000 as of March 1, 1999 and

a trap limit of 800 as of March 1, 2000.

Zone F. The trap limit for each license holder who is licensed to fish in Zone F shall be:

a trap limit of 1000 as of March 1, 1999 and

a trap limit of 800 as of March 1, 2000.

Zone B. The trap limit for each license holder who is licensed to fish in Zone B shall be:

a trap limit of 1000 as of March 1, 1999 and

a trap limit of 800 as of March 1, 2000.

Zone C. The trap limit for each license holder who is licensed to fish in Zone C shall be:

a trap limit of 1000 as of March 1, 1999 and

a trap limit of 800 as of March 1, 2000.

Zone A. The trap limit for each license holder who is licensed to fish in Zone A shall be:

a trap limit of 1200 as of June 1, 1998,

a trap limit of 1000 as of March 1, 1999 and

a trap limit of 800 as of March 1, 2000.

25.11 Lobster and Crab Bait Review Process

It shall be unlawful to sell or use any marine or freshwater organism as bait to fish for or take lobsters or crabs that has not been reviewed and approved by the Department of Marine Resources.

An individual may apply for the review of a bait source to the Department of Marine Resources on forms supplied by the Commissioner. The Department will provide a written response within 60 days, whether the bait will be placed on the “approved” freshwater list or “prohibited” marine list. A freshwater organism that has been reviewed and not listed as “approved” is prohibited as bait. A marine organism that has been listed as “prohibited” is also prohibited as bait.

Application forms and lists of “approved” freshwater and “prohibited” marine bait will be made available on the Department’s website at http://www.maine.gov/dmr/rm/lobster/index.htm or by contacting the DMR Lobster Resource Coordinator at (207) 624-6550.

Application process. Applications for approval shall contain the following information about the bait source:

Name, address, email, and phone number of the applicant;

Species including scientific name;

Life cycle stage;

Body part;

Farm raised or wild;

Relevant certifications (disease or pest free, hazard analysis & critical control point, etc.);

Area of origin;

Proposed date(s) of removal;

Intermediate processing location(s) and contact information of processing facility, if applicable and

Additional information necessary to determine if a bait source is safe for aquatic and human populations.

Review. The Commissioner shall evaluate the level of risk associated with the proposed introduction of a bait source into the marine environment by considering the potential impacts to the marine ecosystem and consumers. Each evaluation shall consider the probable effects of the introduction of the bait into the recipient area, including, but not limited to:

The effects of any previous introduction of the same or a similar species in Maine or other areas;

The relationship of the species of aquatic organism to be introduced with other members of the recipient area ecosystem; and

The potential effects of infectious or contagious pathogens, pests, parasites, or invasive species that might be associated with the species of aquatic organism to be introduced upon other members of the ecosystem of the recipient area.

The Commissioner may conditionally approve a bait source by establishing conditions necessary to prevent the spread of infectious or contagious pathogens, pests, parasites, or invasive species to aquatic or human populations. The Commissioner may remove a bait source from either list at any time in response to changed conditions or additional information that merits reconsideration of the initial review.

If a species/location is placed on the “prohibited” marine list or not included on the “approved” freshwater list, the applicant may petition for a permit to import the bait, subject to testing requirements, proof of chain of custody and/or other information as requested by the Commissioner.

The Department shall annually review and update the “approved” freshwater and “prohibited” marine bait lists.

Lobster/crab bait dealer. Any person who purchases lobster or crab bait for other than their own use and then sells the bait as a wholesale or retail bait product, is considered a lobster/crab bait dealer.

Lobster/crab wholesale bait dealer permit. All lobster/crab bait dealers shall obtain a wholesale dealer license with bait endorsement issued by the Department of Marine Resources. There will be no additional charge for the lobster endorsement.

Lobster/crab bait dealers are required to provide a list of baits sold the previous year and a list of baits that they plan to sell the following year, by February 1^st annually. Detailed records of each shipment of bait imported into the State of Maine shall be maintained by the purchasing dealer for a minimum of 2 years. These records shall be made available to the Department upon request.

Effective date. This rule shall become effective upon the issuance of approved and prohibited bait lists following an initial review by the Commissioner of marine or freshwater organisms for use as bait to fish for or take lobster or crabs. The approved and prohibited bait lists will be posted on the Department’s web site. Copies of the lists will also be available from the Department.

25.12 Alternative Bit Labeling

Baits containing any substance not originating from the marine waters, which are sold in Maine for use in the lobster/crab fishery, must be labeled in a manner that clearly lists all ingredients contained in the bait, in descending order of volume. This includes, but shall not be limited to, binders and chemicals or other agents used to remove hair from bait hide. The labeling must appear on all product packaging that is utilized by the manufacturer for sale to the lobster or crab industry.

Manufacturers shall provide the Department of Marine Resources (address: Area Coordinator, State House Station 21, Augusta, Maine 04333) with a copy of the label containing the list of ingredients before the sale or distribution of any of the alternative bait product in Maine. The presence of any ingredient in an alternative bait product that is not contained in the label provided to the department shall be prima facie evidence of a violation of this rule.

25.15 V-notching Lobsters

Mandatory V-notching requirement. All lobster fishers are required to v-notch all egg bearing female lobsters caught in the process of lobstering.

Zero tolerance of V-notching. V-notched female lobster means any female lobster bearing a v-shaped notch of any size in the flipper next to and to the right of the center flipper as viewed from the rear of the female lobster. V-notched female lobster also means any female, which is mutilated in a manner, which could hide, obscure or obliterate such a mark. The flipper right of the center flipper will be examined when the underside of the lobster is down and its tail is toward the person making the determination.

25.20 Protected Resources [ See Chapter 75 ].

25.40 Green Crabs

Definitions

Green crab. The “green crab” is defined as the species Carcinus maenas , also known as the common shore crab.

Green crab trap. “Green crab trap” means a trap, pot or other stationary contrivance or device that may be set on the ocean bottom and used for taking green crabs in compliance with the regulations in Chapter 25.40(2)(A)(2).

Trap design and marking requirements

It shall be unlawful to fish for or take green crabs with a trap other than:

A trap constructed with any opening greater less than 1½ inch wide; any length is allowed; or

An approved crab trap as defined in Chapter 25.02(3).

Escape panel. All green crab traps must be equipped with a biodegradable escape panel located next to the bottom edge that has a minimum size of 3 ¾ inches by 3 ¾ inches.

Marking. It shall be unlawful to set, raise, lift or transfer any green crab trap unless it is clearly marked with a buoy that has the owner’s green crab fishing license number written on it. No floating or neutral line will be allowed. A green crab only license holder must display a buoy with the green crab license number, and the buoy must be mounted in a manner so that it is clearly visible on both sides of the boat.

Limitations

Fishing method. Green crabs may be taken as a by-catch by DMR licensed commercial lobster fishermen or by traps that meet the design and marking requirements in Chapter 25.40(2), by hand, hook and line, or as by-catch in another licensed fishery.

Trawl trap limit. It shall be unlawful to have on a trawl more than 3 green crab traps on one warp and buoy.

Fishing area. Fishing for green crabs shall be limited to the territorial waters of the State of Maine defined as all waters of the State within the rise and fall of the tide seaward to the 3-nautical-mile line as shown on the most recently published Federal Government nautical chart, but does not include areas above any fishway or dam when that fishway or dam is the dividing line between tidewater and fresh water.

Lobster by-catch prohibited. The holder of a commercial green crab only license may not be in possession of any lobster or lobster parts in accordance with 12 M.R.S. §6808(8) or other marine organism in accordance with laws and regulations pertaining to the taking or possession of that species. Otherwise, any marine organism caught by a green crab trap other than green crabs shall be immediately liberated at the location of capture.

Exemptions

Personal use. A license is not required to fish for, take, possess or transport green crabs for personal use pursuant to 12 M.R.S. §6808(4).

Enforcement. Marine Patrol Officers may inspect, at any time, any trap or related equipment to ensure compliance with this regulation.

Night prohibition. It shall be unlawful to fish for or take green crabs during the period ½ hour after sunset, as defined in 12 M.R.S. §6001(46), until ½ hour before sunrise, as defined in 12 M.R.S. §6001(45).

Bait. Bait used in green crab traps shall comply with all applicable regulations pursuant to 12 M.R.S. §6175 and §6432-A and Chapter 25.11.

License

License required. It is unlawful to take green crabs without a license pursuant to 12 M.R.S.A. §6808, or as a by-catch in another licensed fishery.

25.45 Crab Fishing Limitations

License endorsement. It shall be unlawful to harvest crabs by drag from the EEZ unless the harvester holds a Commercial Fishing – Single license with the Dragged Crab Permit endorsement or a Commercial Fishing – Crew license with the Dragged Crab Permit endorsement*. There will be no additional charge for this permit. A lobster and crab fishing license issued pursuant to 12 M.R.S.A. §6421 is not required to obtain this endorsement in accordance with §6421, sub-§4(B).

*DMR License Division telephone (207-624-6550) or for online information select

the following link: http://www.maine.gov/dmr/license/index.htm.

Limits

Possession limits

For individuals taking dragged crabs as bycatch, it is unlawful to take, possess or land more than 200 pounds (90.7 kg) of crabs per day, not to exceed 500 pounds (226.8 kg) per trip.

For individuals fishing for or taking Jonah crabs recreationally, it is unlawful to fish for, take or possess more than 50 Jonah crabs per person per 24-hour day.

Size limit. It is unlawful to take or possess a Jonah crab measuring less than 4.75 inches across the shell from tip to tip of the posterior-most, longest spines along the lateral margins of the carapace.

Prohibitions on possession

It is unlawful to take or possess any egg-bearing, female Jonah crab.

While on board a vessel, it is unlawful to take or possess any Jonah crab, or part thereof, which is mutilated in a manner which makes accurate measurement impossible, except that a lobster and crab fishing license holder may take and possess a volume of crab claws detached at sea not to exceed five gallons.

Closed seasons

1. Closed season regulation on fishing for crabs in Sheepscot River. It shall be unlawful to fish for or take crabs, except green crabs from December 1^st to April 30^th, both days inclusive, from the waters inside and upstream of the following lines:

From the extreme tip of Phipps Point, Woolwich, to the southern tip of Hubbard's Point in Westport;

From the tip of Kehail Point, Westport, to the most southerly end of Barter's Island in the town of Boothbay;

Along the length of the Barter's Island Bridge and Knickerbocker Bridge, in the town of Boothbay.

1. Closed season on fishing for crabs in Damariscotta River. It shall be unlawful to fish for or take crabs, except green crabs from December 1^st to April 30^th, both days inclusive, in the Damariscotta River above a straight line drawn across the River from a point on the shore of Back Narrows on the west side of the River in the Town of Boothbay intersecting the southwestern point of Fort Island and the red nun navigational Buoy #10 to a point on the opposite shore in the Town of South Bristol. 2. Closed season on fishing for crabs in Medomak River. It is unlawful to fish for or take crabs, except green crabs from December 1^st to April 30^th, both days inclusive, in the Medomak River, from the waters inside and upstream of a line drawn from the southernmost tip of Jones Neck in Waldoboro northwest to the southernmost tip of Hardy Island then true west to Keene Neck in Bremen, including all waters of Broad Cove, Eastern Branch and Western Branch.

25.50 Closed Season Regulation on Fishing for Crabs in Sheepscot River [REPEALED]

25.55 Closed Season on Fishing for Crabs in Damariscotta River [REPEALED]

25.60 Closed Season on Fishing for Crabs in Medomak River [REPEALED]

25.65 Lobster and Crab Closure in Penobscot River

It is unlawful to fish for or take lobsters or crabs by any means from the waters north of a line starting at the western most point of Perkins Point in the Town of Castine continuing in a northwesterly direction to the southern most point of Squaw Point on Cape Jellison in the Town of Stockton Springs. This section does not apply to equipment operated by the Department of Marine Resources.

25.70 Legal Lobster Tails

Except as provided in 12 M.R.S. §6431-A(6-B), it shall be unlawful to buy, sell, give away, transport, ship or possess:

Any cooked lobster tail meat less than 3 7/32 inches or more than 6 3/16 inches in length when laid out straight and measured from the proximal end of the deep flexor muscle to the far end of the sixth abdominal segment.

Any lobster tails in the shell that weigh less than 2.7 ounces or more than 14 ounces.

25.75 Lobster Import/Export Permit

Definitions

Oversize lobsters. "Oversize lobsters" shall mean any lobster, which is more than 5 inches in length, as determined by the State lobster measure, in accordance with 12 M.R.S. §6431(1).

DMR seals. “DMR seals” shall mean a self-locking device, or waterproof paper seal preprinted with the letters “DMR import/export”, sequentially numbered and issued by the Department of Marine Resources (DMR). Trucks, buildings, crates and other similar containers will utilize the plastic self-locking device in a manner that will prohibit entry or opening without destroying the plastic seal. Boxes and other similar containers will utilize the waterproof paper seal placed on the container in a manner that will prohibit the opening of the container without destroying the paper seal.

Permit holder. “Permit holder” shall mean a Wholesale Seafood License with Lobster permit holder as defined in 12.M.R.S. §6851, licensed by the Department of Marine Resources, who has applied for and been issued a Lobster Import/Export permit authorizing the activities set forth in this regulation.

Pre-culling storage area. “Pre-culling storage area” shall mean a DMR approved and secure tank room, cooler or floatation pool. A pre-culling storage area may not hold any non-import/export lobster.

Shipment. “Shipment” shall mean any lot of lobsters delivered to a permit holder that may contain oversize lobsters.

Time of receipt of shipment. “Time of receipt of shipment” shall mean the time of day when the truck seal is broken.

Permitted activity by lobster import/export permit holders

Oversize lobsters more than 5" in length (oversize) imported by a Maine Wholesale Seafood License with Lobster permit holder, under the authority of 12 M.R.S.A. §6431(6) and in accordance with this regulation, may be reconsigned or processed by the holder of a Lobster Processor License issued by the Department of Marine Resources. Oversized lobsters found in violation of this regulation shall be unlawful and subject to the penalties found in 12 M.R.S.A. §6431(7).

Transport of shipment. DMR seals shall be used to secure cargo doors or containers in such a manner that they cannot be opened without breaking the seal. Seals shall not be reused.

Vehicles entering Maine for the purpose of delivering lobster shipments that contain oversize lobsters shall affix a DMR seal to the cargo door(s) immediately upon entering the state of Maine. The doors will remain sealed with DMR seals until the permit holder begins unloading the truck.

Vehicles receiving shipments of oversize lobsters in Maine must be sealed immediately.

Vehicle seals may be broken to unload or load additional product. Seals must be replaced before the vehicle continues.

Receipt of shipment. Upon receiving a shipment containing oversize lobsters at a fixed place of business, a permit holder shall:

Immediately place the shipment in a DMR-approved pre-culling storage area; or

Immediately seal each crate in the shipment with DMR seals in accordance with sealing procedures stated in this regulation; or

Segregate the shipment so it is identifiable as pre-cull imported product from Canada, and remove oversize lobsters from the shipment within 24 hours of receipt of shipment.

If the 24-hour requirement cannot be adhered to, the permit holder will contact Marine Patrol to request additional time. The requests shall not be arbitrary. Multiple shipments utilizing the 24-hour option will be segregated in a DMR-approved manner that ensures shipments may be distinguished from one another. Oversize lobsters may not be released into a tank or pound.

Handling Procedures

Sealing containers of oversize lobsters after removal from shipment. All crates containing oversize lobsters shall be sealed with DMR seals in a manner that will prohibit the crate from opening without breaking the seal before being placed into a permit holder’s tank, pound or cooler. Cardboard boxes or other similar containers shall be sealed with a DMR-issued paper seal in a manner that would cause the seal to be destroyed if container were opened. Seals shall not be reused.

The DMR seal may only be removed for the purposes of:

Removing oversized lobsters for conveyance out of state or to another permit holder in accordance with Chapter 25.75(2);

Consolidation;

Removing dead or diseased lobsters, which shall be disposed of in accordance with the Department of Agriculture Hazard Analysis Critical Control Point (HACCP) regulation; or

Processing by the holder of a Lobster Processor License.

Record Keeping

All shipments containing oversize product must be documented as follows:

A photocopy of the bill of lading;

The total number of crates of oversize product culled from shipment;

The seal numbers used to seal oversize product crates; and

The time of receipt of shipment.

All cargo doors, pre-culling storage areas, containers and crates containing oversize lobsters sealed according to this regulation will be documented as follows:

The seal number of any seal removed in accordance with Chapter 25.75(3)(C) or 25.75(5)(B) and date it was removed;

The number of the seal; and

The date the container was sealed.

25.80 Lobster Trap Construction Regulation

In addition to the escape vents required by 12 M.R.S.A. §6433, effective January 1, 1990, all traps used to fish for or take lobsters shall have an escape panel, designed as follows: Every lobster trap must have an unobstructed escape panel which is located in the parlor section on the sides or at the end, or on the top if the escape panel is placed directly over the head.

Panels may be constructed of untreated natural material such as cotton, hemp, sisal, jute twine not exceeding 3/16 of an inch in diameter; non-stainless, uncoated ferrous metal not exceeding 3/32 inches in diameter or a soft wood lath.

Any material may be used as a panel if it is held in place by any of the material listed in A.

Panels must be constructed in such a manner as to create an unobstructed opening of at least 3 3/4" X 3 3/4 inches or an unobstructed opening at least 3 inches wide along the entire length or height of the parlor section when the panel is removed or opened.

25.82 Lobster Trap Maximum Size

It shall be unlawful to possess a lobster trap with a volume larger than 22,950 cubic inches.

Exemptions

The Commissioner may grant exemptions to this regulation in the interest of fairness, allowing the possession of lobster traps with a volume up to 30,100 cubic inches for up to five (5) years from the effective date of this regulation. Such exempted lobster traps must have been in use prior to January 1, 1998. In granting such exemptions, the Commissioner will consider, but not be limited to, the following factors:

The length of time the lobster traps have been in use;

The reasons that the larger lobster traps have been used in the past;

Any financial hardship to the owner in replacing the larger lobster traps or reducing their size; and

The protection of the resource.

Applications for exemptions from this regulation will be accepted for 60 days from the effective date of this regulation and can be obtained from the Department of Marine Resources, Hallowell Office, 21 State House Station, Augusta, Maine 04333.

25.85 Lobster Trap Escape Vent Dimensions

It shall be unlawful to fish for or take lobsters unless the lobster trap is equipped with unobstructed vents or gaps in the parlor section which are:

A rectangular or oblong escape vent not less than 1 15/16" by 5 3/4" and placed in accordance with 12 M.R.S.A. §6433(1)(A);

Two circular escape vents not less than 2 7/16” in diameter and placed in accordance with 12 M.R.S.A. §6433(1)(B);

A gap caused by separating both ends of 2 laths 1 15/16" and placed in accordance with 12 M.R.S.A. §6433(1)(C), (D) and (E).

25.90 Swans Island Area Lobster Trap Regulation

Definitions. The following terms, as used in these regulations, shall have the following meanings:

Swans Island Lobster Conservation Area. This is that portion of the waters in the vicinity of Swans Island, bounded and described as follows:

"Beginning at the northern tip of Long Point, Marshall Island, Hancock County, Maine; then northerly to the navigational buoy at the western entrance to Toothacher Bay (located at the intersection of Loran Lines 9960-W-12492.0 and 9960-X-25800.0); then northeasterly to West Point, Swans Island, Hancock County, Maine; then from Phinney Point on the northeastern shore of Swans Island southeasterly to the intersection of Loran lines 9960-W 12445.6 and 9960-X 25780.9 (68º22.40' W. Long., 44º08.79' N. Lat.) Hancock County, Maine; then southwesterly to the intersection of Loran lines 9960-W-12468.0 and 9960-X-25773.0 (68º23.6' W. Long., 44º06.4' N. Lat.); then south-southwesterly to the intersection of Loran lines 9960-W-12482.2 and 9960-X-25766.4 (68º24.01' W. Long., 44º04.8' N. Lat.); then southerly to the intersection of Loran Lines 9960-W-12493.5 and 9960-X-25758.4 (68º23.9' W. Long., 44º03.1' N. Lat.) and the intersection with the Three Mile Limit, as shown on NOAA, National Ocean Survey #13312; then southwesterly along the Three Mile Limit approximately 3.5 miles to a point where a line drawn southeasterly 165º True from the center of Black Ledges intersects the Three Mile Limit at Loran lines 9960-W-12524.5 and 9960-X-25765.5 (68º28.6' W. Long., 44º01.9' N. Lat.); then northwesterly 345º True to the center of Black Ledges; then northwesterly to the most southerly point of Marshall Island; thence along the westerly shore of Marshall Island to the point of beginning."

Registrant. A person who registers, under Subsection 3 of this regulation. All registered persons will be registered from the time of registration until the end of the calendar year and must comply with all of the provisions of this regulation during that time.

Sternman. A person who regularly accompanies the registrant on board a lobster fishing boat throughout the period of the year in which this registrant has traps in the water, and who is hired or otherwise retained by such registrant to assist in lobster fishing operations.

Local committee. A local committee composed of the registrants of the Swans Island Lobster Conservation Area that is established to provide advice to the Commissioner on issues affecting the Swans Island Lobster Conservation Area.

Prohibitions. No person shall place or maintain any trap for lobsters, or otherwise fish for or take lobsters, within the Swans Island Lobster Conservation Area except as provided by and in accordance with the terms of this regulation.

Registration

Eligibility. The Commissioner shall require an annual registration of any Class I, II, or III lobster and crab fishing license holder who is requesting to fish the Swans Island Lobster Conservation Area and who meets one of the following criteria;

The person documents to the Commissioner that he or she was registered in the prior season in Lobster Zone B; or

The person documents to the Commissioner that he or she was registered but did not harvest lobsters due to a medical condition; or

The person is eligible except for the suspension of their lobster license.

Tags. Each lobster trap maintained by a registrant must display a special numbered tag supplied by the Commissioner. Tags shall be replaced annually, when supplied by the Commissioner. Not more than three traps may be attached to a warp and lobster buoy.

A registrant may place and maintain a total of not more than the maximum allowable number of lobster traps indicated below. Each such trap shall bear the appropriate tag.

Trap limit. Maximum allowable number of lobster traps and tags: 600.

Registrant's presence aboard. It is unlawful for any person, except the registrant as defined under Chapter 25.90(1)(B) to set, haul, retrieve, or otherwise tend to lobster traps or to take lobsters from the waters of the Swans Island Lobster Conservation Area.

In the event of an incapacity or other disability occurring during the open fishing season, the Commissioner or the Commissioner’s representative, upon receipt of such notice in writing, may allow a properly licensed substitute to fish on behalf of the registrant, but that substitute must use the registrant’s vessel.

Lost tag replacement. The Commissioner, through his representatives, may issue additional tags to compensate for lobster traps and tags lost, up to 10% of the number of tags issued in that year to the registrant. In the event of catastrophic loss, the Commissioner may issue additional replacement tags in excess of this 10% limitation but may require that a hearing first be held in order to obtain satisfactory evidence of such loss.

Other laws. Registrants shall comply with all other laws and regulations applicable to the trapping or other taking of lobsters.

Enforcement. The Department's authorized representatives may inspect at any time any trap or related gear to insure compliance with this regulation. The absence of tags attached to lobster traps as required hereunder shall be prima facie evidence of a violation of this regulation.

Local committee

Duties. The Committee shall advise the Commissioner on all aspects of the management of the lobster fishery in the area. This will include, but not be limited to, trap limits, tag replacement, eligibility to register, reporting of biological data, enforcement concerns, and modifications of this regulation.

Composition. The Committee shall be composed of 5 members, as follows:

Three (3) lobstermen residing on Swans Island who have registered in accordance with this regulation, and who are elected pursuant to Chapter 25.90(7)(C); and

One (1) lobsterman residing on Swans Island who has registered in accordance with this regulation and is the Swans Island District representative to Lobster Zone Council B; and

One (1) lobsterman, not a resident of Swans Island, who is elected pursuant to Chapter 25.90(7)(C).

Election. Fishermen who are registered in accordance with this regulation shall meet annually on the second Tuesday of June to elect members of the Committee. Member(s) shall be elected for two-year terms. Member’s terms are to be staggered, and members may be re-elected.

Chair and officers.The Committee must elect a chair and a secretary whose duty it shall be to keep a record of meetings and present to the Commissioner the recommendations of the Committee in accordance with Chapter 25.90(7)(A).

Removal of council members.A Committee member whose Maine State Lobster license is suspended, revoked, or who fails to renew the Maine State Lobster license shall automatically be removed from the Committee. A Committee member who misses three consecutive meetings without notifying the Chairman of the intended absence from a meeting may be removed from the Committee by affirmative vote of the Committee.

Meetings of members

Regular meetings. The Committee shall meet at least quarterly per year or more often as needed to address issues of importance concerning the area. Committee meetings shall be open to the public.

Notice of meetings. Notice of meetings shall be provided at least one week prior to the meeting and shall set forth the date, time and place that the meeting is to be held.

Special meetings . The Chairman may call special meetings, as needed, and public notice shall be posted.

Voting.The right to vote on any matter or matters at any meeting is restricted to the members of the Committee.

Quorum. A quorum is a majority of the members of the Committee. The members present at a duly called meeting at which a quorum is not present may continue to discuss business at the meeting but no vote may be taken.

No action by committee members without a meeting. No action may be taken by Committee members without a meeting being held thereon.

Vacancies.Any vacancy occurring in the membership of the Committee including vacancies created by reason of resignation, ineligibility, death, or change in the number of Committee positions shall be filled.

Sub-committees. The Chairman may appoint one or more sub-committees, each of which shall consist of at least two members. The Chairman may also designate additional non-Committee persons to any such sub-committees. A sub-committee shall be established to perform certain tasks as designated by the Chairman, such tasks shall be consistent with the purposes of the Committee. The sub-committee shall report its recommendations to the Committee. Such sub-committees shall not have the authority of the Committee.

A violation of any provision of Chapter 25.90 shall be a civil violation, in addition, the registrant's right to fish within the Swan's Island Conservation Area described in 25.90(2) may be suspended by the Commissioner for the remainder of that fishing year as determined by 25.90(3).

25.93 Management Framework for Limiting Lobster Fishing Effort on a Local or Regional

Basis - Operational Rules

Definitions. The following terms, as used in these regulations, shall have the following meanings, unless a different meaning is required by the context:

Election district. "Election district" means one of a series of contiguous geographic areas within a lobster management zone which is created by a lobster management policy council for the purpose of electing representative voting members of the councils. The election districts are defined in the by-laws of the council and may be harbors or discrete fishing areas within the zone.

Declared lobster zone. "Declared lobster zone" means the zone identified on a lobster and crab fishing license pursuant to 12 M.R.S. §6446(1-A).

Lobster license holder. "Lobster license holder" means a person who holds a Class I, II, or III lobster and crab fishing license issued under 12 M.R.S. §6421.

Lobster management policy council. "Lobster management policy council" means the group of locally elected lobster license holders and an appointed non-voting legislative member who may submit proposed effort limitation rules to referendum within a lobster management zone and to the Commissioner.

Lobster management zone. "Lobster management zone" means one of seven areas within the waters of the State for which lobster fishing effort limitations may be established by the Commissioner upon the recommendation of the corresponding lobster management policy council.

Lobster fishing effort limitation. "Lobster fishing effort limitation" means a regulation on the maximum number of lobster traps that may be fished by an individual license holder or two or more lobster license holders who fish from the same boat, the maximum number of traps on a trawl line, or the time of day when lobster fishing may occur.

Referendum. "Referendum" means the submission of a proposed lobster fishing effort limitation for a lobster management zone to a direct vote by the lobster license holders eligible to vote in a lobster management zone.

Trap limit. "Trap limit" means the maximum number of lobster fishing traps that a lobster license holder may submerge from a boat in the waters of the State.

Trawl limit. "Trawl limit" means the maximum number of lobster traps that a lobster license holder may attach to a line submerged in the waters of the State.

Lobster fishing year. "Lobster fishing year" means the 12 month season from June 1 through May 31^st.

Exclusive economic zone. The term ‘exclusive economic zone’ means the zone established by Proclamation 5030, of March 10, 1983, 48 FR 10605, issued by President Reagan.

Lobster fishing effort limitations

Fishing effort in the lobster fishery may be limited only through one or more of the following methods:

A limit or limits on the number of traps fished by an individual lobster license holder or two or more lobster license holders who fish from the same boat fishing in a particular lobster management zone and the time periods allowed for complying with that number,

A limit on the number of lobster traps allowed on a trawl fished in a particular lobster management zone, and

A limit on the time of day when lobster fishing may occur in a particular lobster management zone.

Any limitation proposed by a council must be stricter than current law.

Lobster fishing effort limitations using one or more of the above methods may vary among the lobster management zones established under Chapter 25.93(3)(A).

Where the Commissioner has not adopted different lobster fishing effort limitations under Chapter 25.93(4), the trap limits established in 12 M.R.S. §6431-A, the closed periods in §6440, and the trap and trawl limits for specific fishing areas in §6439, §6439-A, and in Chapters 25 and 55 of these regulations shall apply.

An applicant for the issuance or renewal of a lobster and crab fishing license must, pursuant to 12 M.R.S. §6446(1-A) declare the lobster management zone in which that person intends to fish a majority of that person’s lobster traps. If the applicant intends to fish in more than one lobster management zone that person must also list for inclusion on their license all other lobster management zones in which that person intends to fish. A lobster license holder may not place traps in a lobster management zone that has not been declared or listed on that person’s license at the time of application for issuance or renewal. The declaration shall be on forms provided by the Commissioner and may be changed only at the time of license renewal.

A lobster license holder may fish for lobsters in any lobster management zone, provided that all lobster management zones in which traps will be placed are declared or listed in accordance with Chapter 25.93(2)(D) above at the time of application for license issuance or renewal. If a lobster license holder declares or lists more than one lobster management zone and the lobster trap limits in those zones differ, the total number of trap tags purchased may not exceed the lowest trap limit applicable in any of the lobster management zones declared or listed by that license holder.

A license holder may not surrender trap tags during the fishing year for the purposes of fishing in another zone.

Lobster management policy councils

Establishment. Seven lobster management policy councils, corresponding to the seven lobster management zones established under Chapter 25.94(1), are established.

By-laws. Each council shall abide by a set of by-laws governing its procedures. The by-laws shall establish the maximum number of voting members to be elected to the council and election districts from which each voting member is to be elected. The number of voting members shall be an odd number and shall allow each member to represent approximately the same number of lobster license holders unless geographic conditions warrant otherwise. The by-laws may require the appointment of a non-voting representative to the council of each adjacent lobster management zone. The by-laws may create subcommittees of the council members and lobster license holders. The council may change the by-laws at any time.

The Commissioner must approve any by-law or amendments thereto before it may become effective for use by the zone council.

Annual elections and term. Each council shall hold an annual election by July 31 of each year to re-elect or replace the elected members whose terms are expiring within the year. Council members shall have terms of three years.

Election of council members. Election of council members shall be by a plurality vote of eligible voters from the lobster management zone participating in the election as defined under 12 M.R.S. §6447(7). Each voting member shall have one vote in each election for each council member from the district declared on the individual’s lobster and crab fishing license application at the time of issuance or renewal. The vote shall be by secret mailed ballot and the ballots shall be collected by the Department of Marine Resources. The ballots shall be tallied, and the results shall be made known to the Commissioner and to the members of the lobster management zone.

To be elected a council member, the member must receive the most votes from the voting members of the district in which the council member is to represent who are eligible to and do vote. A person must hold a valid class I, II, or III lobster and crab fishing license and be at least 18 years of age to become a member of the council.

Notice of meetings.Written notice for regular meetings or special meetings, setting forth the date, time and place that the meeting is to be held shall be posted prior to the meeting at public places, by way of example but not limited to newspapers, fishermen cooperatives, town halls, etc.

Vacancies. Any vacancy occurring in the membership of the lobster policy management council including one created by reason of resignation, ineligibility, or death shall be filled by the candidate from the most recent annual election who received the second greatest number of votes. If no such candidate is available or is willing to serve as district representative, then a special district election will be held in accordance with Chapter 25.93(3)(D). Council members elected to fill a vacancy shall serve for the remainder of the vacated member’s term.

Removal of council members . A council member whose lobster and crab fishing license is suspended, revoked or who fails to renew the lobster and crab fishing license shall automatically be removed from the lobster policy management council. A council member who misses three consecutive meetings without notifying an officer or other council member of the intended absence from a meeting, may be removed from the council by affirmative vote of the council. Replacement of vacant seats shall be made in accordance with the procedures of Chapter 25.93(3)(F).

Replacement of council members. Members of an election district within the lobster management zone may petition the lobster policy management council to request a special election for purposes of replacing the incumbent council member representing that district by voting on a new district member. The petition must have the signatures from ½ of the members of the district to be valid. The lobster policy management council cannot reject the petition without just cause. In the event of acceptance of the petition by the council, a special district election will be held in accordance with Chapter 25.93(3)(D). In the event of rejection by the council, the petitioners may appeal the lobster policy management council’s decision to the Commissioner who may determine that a special election shall be held.

Creation of a new district. A special district election shall be held in accordance with the procedures of Chapter 25.93(3)(D) in the event of the creation of a new district.

Council decisions. The council may conduct its business and decide all issues by consensus except the decision to hold a referendum on lobster fishing effort limitations. This decision must be approved by a majority of the council members present and voting. Each voting council member shall have one vote. No vote is binding unless a quorum of two thirds of the council members are present and voting.

Referendum procedures. After a council votes to hold a referendum, the referendum question shall be mailed to all eligible license holders who have designated that zone as their declared zone. The referendum ballots will include a postage-paid return address at the Department of Marine Resources. The council may submit a proposed effort limitation rule to the Commissioner if it is approved by two-thirds of those voting in the referendum.

Frequency of referenda. If a referendum on a lobster fishing effort limitation category, as defined in 12 M.R.S. §6447(5)(A), (5)(B), or (5)(C), is voted on through the process defined in Chapter 25.93(3)(K), a referendum on the same category of lobster fishing effort limitation may not be proposed for a minimum of 12 months from the date the referendum vote is due to the Department. By way of example, if a referendum is held on the total number of traps fished and the time periods allowed for complying with that number as permitted under 12 M.R.S. §6447(5)(A), no other referenda permitted under that subsection may be voted on for 12 months. A zone council may limit the frequency of a referendum on a lobster fishing effort limitation category for up to 36 months from the date the referendum vote is due to the Department. The zone council must inform the Commissioner in writing of the frequency of a future referendum at the time at which the initial referendum has been voted on and the results are made know to the Commissioner.

Petition process for referenda. Members of a lobster management zone may petition the lobster policy management council for a referendum vote. If one-third of the eligible voters within a lobster management zone sign a petition for a referendum to be proposed for a vote in the lobster management zone, the lobster policy management council may submit that proposal as a referendum ballot. All petitions are subject to the frequency criteria as described in Chapter 25.93(3)(L).If the lobster policy management council votes not to submit a petition proposal to the membership of the lobster management zone for a vote, the council must report in writing to the Commissioner explaining the reason for denial.

Voter qualifications.Only those lobster license holders who designated the zone as their declared zone, at the time of license issuance or renewal, are eligible to vote in the elections of council members and in referendums on proposed lobster fishing effort limitations for that zone. To be eligible to vote, a person must be at least 18 years of age. Each person eligible to vote in a council election or referendum shall have one vote.

Disputes. Questions about possible irregularities in council elections and referendums shall be referred to the Commissioner, who will investigate the complaint and report to the council. The Department shall retain the ballots for at least seven years following the referendum.

Commissioner's approval of council rules limiting fishing effort. If a lobster management policy council recommends a rule to limit lobster fishing effort in its zone after approval in a referendum held pursuant to Chapter 25.93(3)(K), the Commissioner may adopt and publish the rules verbatim or may adopt and publish rules that accurately reflect the intent of the council's recommendation. The Commissioner may reject the proposed rule if it is found to be unreasonable.

Limited entry guidelines for lobster management zones

Commissioner’s approval of survey. The Commissioner must approve any survey form developed by a lobster management policy council to determine an exit ratio pursuant to 12 M.R.S. §6448 before that survey is conducted.

Proposed exit ratio. A lobster management policy council may submit to the Commissioner for rulemaking more than one proposed exit ratio, however the council must indicate a preferred option. The Commissioner may choose to propose rulemaking on one or more exit ratio(s) for public comment.

Future action on exit ratio.Once an exit ratio is adopted for a limited-entry zone, the lobster management policy council for that zone will not vote to conduct a survey or make a proposal to the Department for a new exit ratio, and the Department will not propose or adopt a new exit ratio for that zone, for a minimum of 24 months from the effective date of the regulation setting the exit ratio.

If an exit ratio is not adopted, after a survey has been conducted in the zone and a lobster policy management council has made a recommendation to the Commissioner regarding an exit ratio, the lobster policy management council may not vote to conduct another survey for 36 months from the date of the previous vote by the lobster policy management council to conduct a survey.

Lower limit of tags. If the number of Class I, II and III lobster and crab trap tags in a limited-entry zone is reduced by 30% or more than the number of such tags in that zone as of December 31, 1997, then the following shall occur:

Prior to making any change in the exit ratio the Commissioner shall meet with the affected lobster management policy council to discuss the present status of the lobster fishery within that zone.

The Commissioner shall make a final determination regarding any change that may occur to the exit ratio based on consideration of the history and trends of both licenses and tags within the zone, the effects that limited-entry has had within the zone and the effects any change in the exit ratio would have on both the present lobster fishery within the zone, as well as the future of the lobster fishery within the zone. In no instance shall the commissioner amend the exit ratio to be more restrictive than 1:1.

Exit ratios for limited-entry zones

Procedures for the apprentice waiting list

A person wishing to enter a limited-entry zone must make application to the Department and the Department shall evaluate the applicant’s eligibility, in accordance with §6421(5) and §6448 and this rule.

By April 1 of each year, the Department shall calculate the number of licenses to be awarded to new entrants for each limited-entry zone for that calendar year in accordance with §6448 and this rule. The exit ratio shall be as follows:

Zone D. One license awarded to a new entrant for every 4,000 tags retired by individuals who held a Class I, II or III lobster and crab fishing license in the previous calendar year and who exited the zone making an entry to exit ratio of 1:5.

Zone E. One license awarded to a new entrant for every 5 licenses retired by individuals who held a Class I, II or III lobster and crab fishing license in the previous calendar year and who exited the zone making an entry to exit ratio of 1:5.

Zone F. One license awarded to a new entrant for every 4,000 tags retired by individuals who held a Class I, II or III lobster and crab fishing license in the previous calendar year and who exited the zone, making an entry to exit ratio of 1:5.

Zone G. One license awarded to a new entrant for every 4,000 tags retired by individuals who held a Class I, II or III lobster and crab fishing license in the previous calendar year and who exited the zone, making an entry to exit ratio of 1:5.

Zone B. One license awarded to a new entrant for every 3 licenses retired by individuals who held a Class I, II or III lobster and crab fishing license in the previous calendar year and who exited the zone, making an entry to exit ratio of 1:3.

Zone A. One license awarded to a new entrant for every 3 licenses retired by individuals who held a Class I, II or III lobster and crab fishing license in the previous calendar year and who exited the zone making an entry to exit ratio of 1:3.

Zone C. One license awarded to a new entrant for every 1 license retired by individuals who held a Class I, II or III lobster and crab fishing license in the previous calendar year and who exited the zone making an entry to exit ratio of 1:1.

For lobster zones that opt to use trap tags not renewed in their exit ratio calculations, the number of traps tags retired by individuals is the total of the greatest number of trap tags purchased in any prior year up to the current zone maximum under each license that is not renewed.

The number of licenses awarded to new entrants for a limited-entry zone shall be rounded to the nearest whole number. Fractions of 0.5 and greater shall be rounded up to the nearest whole number. Fractions of 0.4 and less shall be rounded down to the nearest whole number. (For example, if the exit ratio is 1:3 and 100 licenses are not renewed, the resulting 33.3 will be rounded down to 33 new zone entrants. If the exit ratio is 1:2 and 25 licenses are not renewed, the resulting 12.5 will be rounded up to 13 new zone entrants.)

Once the number of new zone entrants to be awarded a license for a limited-entry zone has been calculated for each limited-entry zone, a list of authorized new zone entrants shall be determined from the waiting list pursuant to 12 M.R.S. §6448.

Authorized new zone entrants will be informed in writing and mailed a license application form by the Department by certified mail.

Authorized new zone entrants must submit their license application, correctly filled out for the same zone as their declared zone form, with correct fees and documentation to the Department. The application must be received within 30 days of receipt of notice by the Department or the new zone entrant will lose their authorization to qualify for a limited- entry zone.

If an authorized new zone entrant has not complied with (f) above, the next person on the waiting list for the limited-entry zone, if any, will be sent a license application and have 30 days to comply in the same manner.

Procedures for the transfer waiting list

A Class I, II or III lobster license holder wishing to transfer into a limited-entry zone must make application to the Department by completing a Lobster Zone Declaration form.

Class I, II or III lobster license holders on the lobster waiting lists as of the effective date of this rule will be removed from those waiting lists and placed on a separate single “transfer waiting list” based on their current eligibility date on the waiting lists.

Class I, II or III lobster license holders who want to be placed on the transfer waiting list will be placed on the list in the order of the time and date upon which the Department receives the request using the Lobster Zone Declaration Form.

By April 1^st of each year, the Department will begin at the top of the transfer waiting list, and determine if there are any corresponding transfers of fishermen wishing to transfer in the opposite direction (e.g., Zone A to Zone B, and Zone B to Zone A). The Department will authorize all transfers for which matches are available and eligible.

In order to be eligible to transfer, a fisherman must have demonstrated landings of at least 5,000 lbs. in any two of the three (3) prior calendar years.

Authorized transfers will be informed in writing and mailed a transfer application form by the Department by certified mail.

Authorized transfers must submit their transfer application, within 30 days of receipt of notice by the Department or the transfer will lose their authorization.

If an authorized transfer has not complied with (g) above, the next person on the waiting list who wishes to transfer into that zone, if any, will be sent an authorization and have 30 days to comply in the same manner.

A transfer will be not be completed for either license holder, until both license holders have submitted their transfer application form and demonstrated their eligibility.

Implementation schedule. Any exit ratio established for a limited-entry zone shall be implemented concurrent with the licensing year following adoption.

25.94 Lobster Management Zones

Seven lobster management zones, labeled as Zones A to G from east to west, are established.

The boundaries of the lobster management zones are as follows:

Zone A

Eastern line. International Boundary Line Canada and U.S. (Maine) extending to and following the Exclusive Economic Zone boundary to the point where it intersects with the Eastern boundary of lobster Zone B.

Western line. The Southern tip of Schoodic Point at 44° 19.900’ N and 068° 03.609’ W and running due South 180° Magnetic to 43° 45.427’ N and 067° 50.122’ W, and then continuing South 180° magnetic to the Exclusive Economic Zone boundary.

Zone B

Eastern line. The Southern tip of Schoodic Point at 44° 19.900’ N and 068° 03.609’ W and running due South 180° Magnetic to 43° 45.427’ N and 067° 50.122’ W, and then continuing South 180° magnetic to the Exclusive Economic Zone boundary.

Western line. Starting at the southernmost end of Newbury Neck following a straight line to a point ¼ mile due east of Pond Island at 44º 13.7' N, 068º 27.8’ W; then to the easternmost point of Black Island; then to the navigation buoy R “8” at the western entrance of York Narrows; then south to Swans Island Head; then continuing along the southwestern shore of Swans Island to West Point; then following the western boundary of the Swans Island Lobster Conservation Area (Chapter 25.90(A)(1)) southerly to a point at 44º 01.9' N, 068º 28.6' W (where Loran lines 9960-W-12524.5 and 9960-X- 25765.5 intersect the 3-mile limit), as identified on National Oceanographic and Atmospheric Administration nautical charts; then South 180° magnetic to 43° 32.664’ N, 068° 17.284’ W, then continuing South 180° magnetic to the EEZ boundary.

Zone C

Eastern line. Starting at the southernmost end of Newbury Neck following a straight line to a point ¼ mile due east of Pond Island at 44º 13.7' N, 068º 27.8’ W; then to the easternmost point of Black Island; then to the navigation buoy R “8” at the western entrance of York Narrows; then south to Swans Island Head; then continuing along the southwestern shore of Swans Island to West Point; then following the western boundary of the Swans Island Lobster Conservation Area (Chapter 25.90(A)(1)) southerly to a point at 44º 01.9' N, 068º 28.6' W (where Loran lines 9960-W-12524.5 and 9960-X- 25765.5 intersect the 3-mile limit), as identified on National Oceanographic and Atmospheric Administration nautical charts; then South 180° magnetic to 43° 32.664’ N, 068° 17.284’ W, then continuing South 180° magnetic to the EEZ boundary.

Western line. Head of the Cape, Cape Rosier at 44° 18.722' N, 068° 49.608' W (LORAN lines intersection 12512-25904),

thence SSW to 44° 10.492' N, 068° 55.574' W (12605-25885),

SW to 44° 06.136' N, 069° 00.000' W (LORAN 12662-25878),

S to 44° 04.506' N, 069° 00.014' W (LORAN 12673-25871),

SSE to 44° 00.788' N, 068° 59.475' W (LORAN 12696-25852),

SSE to 43° 58.011' N, 068° 58.023' W (LORAN 12707.5-25833),

WSW to 43° 57.821' N, 068° 58.689' W (LORAN 12713-25834),

SSW to 43° 56.863' N, 068° 58.845' W (LORAN 12720-25830),

SE to 43° 55.285' N, 068° 55.000' W (LORAN 12710-25810),

WSW to 43° 54.265' N, 068° 58.330' W (LORAN 12736-25816),

S to 43° 50.997' N, 068° 58.313' W (LORAN 12757-25799),

W to 43° 51.001' N, 069° 00.107' W (LORAN 12767-25805),

SSE to 43° 46.565' N, 068° 59.298' W (LORAN 12794-25780),

SW to 43° 44.878' N, 069° 01.974' W (LORAN 12820-25780),

SE to 43° 35.084' N, 068° 50.076' W (LORAN 12820-25690),

S 180° Magnetic to 43° 19.633’ N, 068° 44.245’ W,

thence South 180° Magnetic to the Exclusive Economic Zone.

Zone D

Eastern line. Head of the Cape, Cape Rosier at 44° 18.722' N, 068° 49.608' W (LORAN lines intersection 12512-25904),

thence SSW to 44° 10.492' N, 068° 55.574' W (12605-25885),

SW to 44° 06.136' N, 069° 00.000' W (LORAN 12662-25878),

S to 44° 04.506' N, 069° 00.014' W (LORAN 12673-25871),

SSE to 44° 00.788' N, 068° 59.475' W (LORAN 12696-25852),

SSE to 43° 58.011' N, 068° 58.023' W (LORAN 12707.5-25833),

ENE to 43° 58.194' N, 068° 57.381' W (LORAN 12703-25832),

SSE to 43° 57.309' N, 068° 57.226' W (LORAN 12707-25827),

SE to 43° 55.688' N, 068° 53.662' W (LORAN 12700-25807),

WSW to 43° 55.285' N, 068° 55.000' W (LORAN 12710-25810),

WSW to 43° 54.265' N, 068° 58.330' W (LORAN 12736-25816),

S to 43° 50.997' N, 068° 58.313' W (LORAN 12757-25799),

W to 43° 51.001' N, 069° 00.107' W (LORAN 12767-25805),

SSE to 43° 46.565' N, 068° 59.298' W (LORAN 12794-25780),

NE to 43° 47452' N, 068° 57.853' W (LORAN 12780-25780),

SE to 43° 44.669' N, 068° 54.350' W (LORAN 12780-25755),

S 180° Magnetic to 43° 35.084' N, 068° 50.076' W (LORAN 12820-25690),

S 180° Magnetic to 43° 19.633’ N, 068° 44.245’ W,

thence South 180° Magnetic to the Exclusive Economic Zone.

Western line. Starting at the southern tip of Pemaquid Point, thence following a straight line 177° Magnetic to a point at 43° 48.1’ N, 069° 30’ W, thence 180° True South to the point at 43° 39.0’ N, 069° 30.0’ W (where Loran line 13020 intersects 69°30.0’ W Longitude), then South 180° Magnetic to 43° 02.567’ N, 069° 16.429’ W, thence South 180° Magnetic to the Exclusive Economic Zone.

Zone E

Eastern line. Starting at Pemaquid Lighthouse, thence following a straight line 192° Magnetic to a point at 43° 48.1’ N, 069° 30.0’ W, thence 180° True South to the point where Loran line 13020 intersects 69° 30’ W Longitude (43° 39’ N Latitude, 69° 30’ W Longitude), then South 180° Magnetic to 43° 02.567’ N, 069° 16.429’ W, thence South 180° Magnetic to the Exclusive Economic Zone.

Western line. Beginning at Newbury Point in Small Point Harbor, Phippsburg, then proceeding SSW to N”2”, then proceeding SSE to “2BH”, then proceeding due south magnetic to the intersection of the 3-mile limit as identified on National Oceanic and Atmospheric Administration, National Ocean Survey nautical chart #13288 (43° 38.73’ N, 69° 49.95' W), then following the 3-mile limit to the coordinates43° 38.87’ N, 69° 48.82' W, then South 180° Magnetic to 42° 53.505’ N, 069° 32.180’ W, then proceeding due south 180° magnetic to the Exclusive Economic Zone.

Zone F

Eastern line. Beginning at Newbury Point in Small Point Harbor, Phippsburg, then proceeding SSW to N”2”, then proceeding SSE to “2BH”, then proceeding due south magnetic to the intersection of the 3-mile limit as identified on National Oceanic and Atmospheric Administration, National Ocean Survey nautical chart #13288 (43° 38.73’ N, 69° 49.95' W), then following the 3-mile limit to the coordinates43° 38.87’ N, 69° 48.82' W, then South 180° Magnetic to 42° 53.505’ N, 069° 32.180’ W, then proceeding due south 180° magnetic to the Exclusive Economic Zone.

Western line. A straight line from the active lighthouse at Two Lights Cape Elizabeth to 43° 31.80’ N, 070° 08.56’ W near the C "1" East Hue & Cry buoy; then proceed WSW following the 3-mile limit as identified on National Oceanic and Atmospheric Administration nautical charts, to 43° 29.275’ N, 070° 11.770’ W (Loran line 13340), then South 180° Magnetic to 42° 13.910’ N, 069° 44.626’ W, thence due South 180° Magnetic to the Exclusive Economic Zone.

Zone G

Eastern line. Beginning at 43° 41.550’ N, 070° 14.650’ W, (a point on Presumpscott River Bridge that intersects with Loran line 13280), thence proceed SSE 159° Magnetic to 43° 32.875’ N, 070° 05.920’ W (a position where Loran line 13280 intersects with the 3-mile limit as identified on National Oceanic and Atmospheric Administration nautical charts), then South 180° Magnetic to 42° 22.424’ N, 069° 40.0’ W, thence due South 180° Magnetic to the Exclusive Economic Zone.

Western line. Seaward extension of the Maine - NH border to 43°02'42"N 70°42'06"W to 42°58'55"N 70°37'39"W to 42°58'45"N 70°36'43"W.

The Commissioner may change a final boundary line at any time upon the request of the two lobster management policy councils whose zones are divided by that line. The Commissioner shall publish notice of the new boundary line in a newspaper of general circulation in the two affected zones.

25.95 Monhegan Island Area Lobster Trap Regulation

Monhegan Island lobster conservation area

Definitions

Registrant. A person who has met the requirements of 12 M.R.S.A. §6474. All registered persons will be registered until July 31^st of the following year and must comply with all of the provisions of this regulation during that time.

Lapsed registrant. A person who was registered in 1997or thereafter but who did not meet the eligibility requirements for any subsequent season or seasons.

Local committee. A local committee of the registrants of the Monhegan Island Lobster Conservation Area that is established to provide advice to the Commissioner on issues affecting the Monhegan Island Lobster Conservation Area. At least two thirds of the registrants must serve on this committee.

Season. The open season for registrants of the Monhegan Lobster Conservation Area shall begin annually on October 1^st and end on June 7^th, both days inclusive, except that in leap years the season shall end on June 6^th.

Local committee. This committee shall meet at least once per year or as needed to address issues of importance concerning the area. The committee shall advise the Commissioner on all aspects of the management of the area. This will include, but not be limited to season designation,trap limits, tag replacement, eligibility to register, reporting of biological data, and enforcement concerns. The committee must elect a chair whose duty it shall be to keep a record of meetings and present to the Commissioner the findings of the committee. All registrants shall endeavor to serve on the local committee.

Amending the open season. In order to recommend an amendment to the open season, the local committee shall by August 1^st recommend in writing to the Commissioner the proposed changes to the season. This recommendation must be approved by at least two thirds of the registrants who vote in a poll conducted by the local committee.

Lost tags. The Commissioner may issue replacement tags up to 10% of the total issued for that year upon receipt of satisfactory evidence of the loss. The Commissioner may require the local committee to validate such requests for replacement tags. The tags will be available on Monhegan through the committee. In the event of catastrophic loss, the Commissioner may issue in excess of the 10% and may require that a hearing be held in order to obtain satisfactory evidence of the loss.

Eligibility to register in Monhegan lobster conservation area

Eligibility for seasons following the 1998-1999 season. Pursuant to 12 M.R.S. §6474, the Commissioner shall not declare a person eligible to be a registrant of the Monhegan Island Lobster Conservation Area unless that person registers during the period from June 26^th until August 1^st each year and;

The person documents to the Commissioner that they were registered in the prior open season and harvested lobsters from the Monhegan Lobster Conservation Area or;

Documents to the Commissioner that the person was registered but did not harvest lobsters due to a medical condition or;

The person is eligible but for the suspension of their lobster license or;

The person is eligible as a result of the waiting list pursuant to 25.97(3)(A).

Registrant limit. The total number of registrants for the Monhegan Island Lobster Conservation Area may not at any time exceed 17.

Prohibitions and enforcement

Trap limit. It is unlawful for any registrant of the Monhegan Island Lobster Conservation Area to submerge more than 400 lobster traps. The boat limit for all registrants shall also be 400 traps. Two registrants fishing from the same boat may not fish more than the boat limit.

Registrant’s presence onboard. It is unlawful for any person, except the registrant, to set, haul, retrieve, or otherwise tend to lobster traps or to take lobsters from the waters of the Monhegan Island Lobster Conservation Area.

In the event of an incapacity or other disability occurring during the open fishing season the Commissioner or the Commissioner’s representative, upon receipt of such notice, may allow a properly licensed substitute to fish on behalf of the registrant.

Reporting. Registrants shall report their total catch of lobsters, as well as such other catch and effort information as may be required, on forms supplied by the Commissioner. Such information shall be kept confidential in accordance with the provisions of 12 M.R.S.A. §6173. The Commissioner may not certify a person as eligible if this requirement is not met.

Other laws. Registrants shall comply with all other laws and regulations applicable to the trapping or other taking of lobsters.

Enforcement. The Department's authorized representatives may inspect at any time any trap or related to ensure compliance with this regulation. The absence of tags attached to lobster traps as required hereunder shall be prima facie evidence of a violation of this regulation.

25.96 Lobster Apprentice Program

Apprentice program for entry into the lobster fishery

To become eligible for a class I, II, or III lobster and crab fishing license under 12 M.R.S.A. §6421, the applicant must meet the requirements of the apprentice program under Chapter 25.96.

Apprentice program. The program is initiated with the first documented calendar day of a fishing hour under an apprentice license or student license. The program is completed upon presentation to the Commissioner of acceptable validated log sheets documenting at least the minimum of 1,000 fishing hours that is accumulated over a minimum of 200 calendar days, during a minimum of 24 months. If an individual completes the program in multiple zones, individuals will still be required to document at least the minimum of 1,000 fishing hours that is accumulated over a minimum of 200 calendar days in each desired zone. The minimum of the 24-month requirement is met 24 months from the date the individual logs their first day in the apprenticeship program.

Educational courses. The Department has the option of developing courses, which may be required in addition to the practical lobster fishing experience. The program may include any educational courses the Commissioner determines appropriate. Educational courses may be taught by the Department or by any public or private sector association or organization authorized by the Commissioner. For any course taught by the Department, the Commissioner shall set an enrollment fee sufficient to recover all costs incurred by the Department in teaching the course. See Chapter 25.96(2)(A)(1) below.

Safety education course . Apprentice fishermen must successfully complete a United States Coast Guard approved Fishing Vessel Drill Conductor Training course. Contact information for such courses may be obtained through the US Coast Guard, Sector Northern New England, Prevention Department, Commercial Fishing Vessel Safety Program, telephone: (207) 780-3256.

To meet the educational requirements of this rule, the USCG approved training course must include:

Abandoning the vessel;

Fire Fighting on board a vessel;

Recovering an individual from the water;

Minimizing the effects of unintentional flooding;

Launching survival craft;

Donning immersion suits and personal flotation devices; and

Making a voice radio distress call and using visual distress signals.

Safety education course documentation

Except as provided by paragraphs ii, iii, iv and v, an individual issued an apprentice or student license in accordance with 12 M.R.S.A. §6421(3-A)(D) and (E), must document to the Department completion of the Education Course prior to issuance of their Class I, II or III lobster and crab fishing license.

Individuals who are authorized as new zone entrants in accordance with §6448(7) as of February 1, 2007 and purchase a Class I, II or III license are required to document completion of the Education Course prior to license renewal.

Individuals who are authorized as new zone entrants and who are issued a 2007 Class I, II or III license pursuant to 12 M.R.S.A. §6448(8)(A) are required to document completion of the Education Course prior to license renewal.

All individuals who are on a zone waiting list on February 1, 2007 are required to document completion of the Education Course within one year (by February 1, 2008). Failure to comply will result in removal from the waiting list on February 1, 2008. Individuals shall be reinstated at the bottom of the waiting list following documentation to the Department that they have completed the Education Course.

The following individuals would be exempt from having to meet the requirements of this section:

Persons holding a valid merchant mariner's license issued by the Coast Guard authorizing service as master of uninspected fishing industry vessels and who show proof of experience that relates directly to the contingencies listed in 64 CFR 28.270(a) (2006) including-- (i) Experience as an instructor; or (ii) Training received in instructional methods; or
Persons holding a valid merchant mariner's license issued by the Coast Guard authorizing service as a master of inspected vessels of 100 gross tons or more and who show proof of experience that relates directly to the contingencies listed in 46 CFR 28.270(a) (2006) including-- (i) Experience as an instructor; or (ii) they have received training in instructional methods.
Persons who are new zone entrants that hold a commercial lobster license and are changing zones pursuant to 12 M.R.S.A. §6448(7).

Eligibility. A person must hold an apprentice lobster and crab fishing license or a student lobster and crab fishing license issued under 12 M.R.S.A. §6421 to enter the program.

1. Zone C apprentice requirement. An apprentice may only enter Zone C if the apprentice apprenticed in Zone C. 2. Zone E apprentice requirement. Effective January 1, 2005 an apprentice may only enter Zone E if the apprentice apprenticed in Zone E. 3. Zone F apprentice requirement. An apprentice may only enter Zone F if the apprentice apprenticed in Zone F. 4. Zone D apprentice requirement. An apprentice may only enter Zone D if the apprentice apprenticed in Zone D. 5. Zone A apprentice requirement. An apprentice may only enter Zone A if the apprentice apprenticed in Zone A. 6. Zone B apprentice requirement. An apprentice may only enter Zone B if the apprentice apprenticed in Zone B. 7. Zone G apprentice requirement. An apprentice may only enter Zone G if the apprentice apprenticed in Zone G.

Practical lobster fishing experience

Length of program. A minimum of 24 months. During this period 1,000 fishing hours accrued over a minimum of 200 calendar days are required. Fishermen may take more than 24 months if additional time is needed.

Log sheets

The Commissioner shall provide log sheets for documentation of fishing hours. The log sheet forms are available to printout from the Department of Marine Resource’s website in Excel format at http://www.maine.gov/dmr/pamphlets/apprenticelog.xls; or in “pdf” format at http://www.maine.gov/dmr/pamphlets/apprenticelog.pdf; or hard copies may be requested to be mailed by writing the Department of Marine Resources, attn: Licensing Division, License Eligibility Specialist, 21 State House Station, Augusta, Maine 04333-0021 or by contacting the Licensing Division at telephone: (207) 624-6550.

Documentation and validation

Daily entries documenting fishing hours must be entered on the log sheets.
Apprentice fishermen must have their sponsor initial each daily entry documenting fishing hours per calendar day. 1. Zone C apprentice sponsor requirement. In Zone C the sponsor of an apprentice must have held a Class I, Class II or Class III lobster and crab fishing license for at least 5 years and have Zone C as their declared zone. 2. Zone E apprentice sponsor requirement. Effective January 1, 2005 in Zone E the sponsor of an apprentice must have held a Class I, Class II or Class III lobster and crab fishing license for at least 5 years and have Zone E as their declared zone. 3. Zone F apprentice sponsor requirement. In Zone F the sponsor of an apprentice must have held a Class I, Class II or Class III lobster and crab fishing license for at least 5 years and have Zone F as their declared zone.

The sponsors of persons enrolled in the apprentice program on the effective date of this rule are exempt from this requirement pursuant to 12 M.R.S.A. §6447(5-C) paragraph 2.

1. Zone D apprentice sponsor requirement. In Zone D the sponsor of an apprentice must have held a Class I, Class II or Class III lobster and crab fishing license for at least 5 years and have Zone D as their declared zone.

The sponsors of persons enrolled in the apprentice program on the effective date of this rule are exempt from this requirement pursuant to 12 M.R.S.A. §6447(5-C) paragraph 2.

1. Zone Aapprentice sponsor requirement. In Zone A the sponsor of an apprentice must have held a Class I, Class II or Class III lobster and crab fishing license for at least 5 years and have Zone A as their declared zone. 2. Zone Bapprentice sponsor requirement. In Zone B the sponsor of an apprentice must have held a Class I, Class II or Class III lobster and crab fishing license for at least 5 years and have Zone B as their declared zone. 3. Zone G apprentice sponsor requirement. In Zone G the sponsor of an apprentice must have held a Class I, Class II or Class III lobster and crab fishing license for at least 5 years and have Zone G as their declared zone.

Apprentice fishermen must obtain the signature of the local Marine Patrol Officer after the completion of every 250 fishing hours.
Apprentice fishermen must submit completed log sheets signed by a local Marine Patrol Officer within 30 days of the date of the last entry on the log for showing the completion of 250 fishing hours. Apprentice log sheets not submitted within 30 days will not be counted for the purpose of documenting time for the apprentice program.
Apprentice fishermen may document up to 20% (200 hours) out of 1,000 documented fishing hours on gear work, excluding boat repairs.
Log sheet entries must include the lobster district number, fishing start and end times for each documented fishing date.

Inspection. Log sheets must be available for inspection by a Marine Patrol Officer.

Allowance for waivers. For the purpose of determining eligibility for waivers under 12 M.R.S.A. §6422(4) practical lobster fishing experience is defined as:

Experience gained after January 1, 1998. Practical lobster fishing experience will only be credited through the apprentice program as described in Chapter 25.96(2).

Misstatement or misrepresentation. It shall be unlawful to intentionally or knowingly make a misstatement or misrepresentation on an application for a license or certificate.

Eligibility date for new Class I, II or III lobster license holders

An apprentice fishermen’s eligibility date is determined by the time and date upon which the Department receives an apprentice fishermen’s fully completed log sheets documenting at least 1000 fishing hours accrued over a minimum of 200 logged calendar days and proof of successful completion of the Safety Education Course as described in Chapter 25.96(B)(1)(a). In no instance, however, may the eligibility date be earlier than the minimum length of program established pursuant to 12 M.R.S.A. §6422, or the minimum enrollment period adopted by an individual Lobster Management Zone pursuant to 12 M.R.S.A. §6447, sub-§5-C.

Suspension of eligibility while on a waiting list for a new class I, II or III commercial lobster license. A person who is on a waiting list for a class I, II or III lobster and crab fishing license for a limited-entry zone shall be removed from that list following a suspension for a violation of a marine resources law and shall be reinstated at the bottom of the waiting list following notification to the Department of eligibility for a license upon completion of the suspension. It shall be that person’s responsibility, upon completion of the suspension, to notify the Department of Marine Resources’ License Eligibility Specialist of his/her eligibility for a license.

25.97 Management Framework for Island Limited Entry Program

- 1. Definitions. The following terms, as used in these regulations, shall have the following meanings:

Established island resident lobster license holder. “Established island resident lobster license holder” means a person who:

Has a permanent physical place of abode on the island, as demonstrated through payment of property taxes on land and buildings or a signed lease, and

Holds a current Class I, II, or III lobster and crab fishing license at the time the island limited entry process under Chapter 25.97(2) is initiated.

New island resident lobster license holder. “New island resident lobster license holder” means a person who is issued a Class I, II, or III lobster and crab fishing license through the island limited entry program. The person remains a new island resident lobster license holder until they have documented 8 years of residency and lobster landings on the island. To document residency, the person must complete a statement of domicile provided by the Department of Marine Resources, establishing that they are domiciled on the island, including meeting all of the following criteria:

Has a permanent physical place of abode on the island, as demonstrated through payment of property taxes on land and buildings or a signed lease. Individuals residing with a parent on the island may provide evidence that the parent has paid property taxes or has signed a lease.

If registered to vote, is registered to vote on the island where the person has a permanent physical place of abode, if the island is a municipality.

Has registered their motor vehicle on the island, if the island is a municipality;

Has provided an island address for their driver’s license, if the person holds a driver’s license;

Has registered their boat on the island, if the island is a municipality;

Has paid their boat excise tax to the island, if the island is a municipality; and

Has listed an island address as their home mailing address on their Maine Income Tax Return.

Year-round island community. “ Year-round island community” means the following islands: Swans Island, the Cranberry Isles, Frenchboro, Vinalhaven, Matinicus, North Haven, Isle au Haut, Islesboro, Monhegan Island, Great Diamond Island, Little Diamond Island, Long Island (Casco Bay), Chebeague Island, Cliff Island, and Peaks Island.

- 1. Island limited entry referenda procedures

Petition process for initiating island limited entry referenda

An established island resident lobster license holder who wishes to initiate a referendum to create a limited entry system for the island must form an interim island committee, consisting of a minimum of three established island resident lobster license holders.

The Commissioner will provide the interim island committee with a list of established island resident lobster license holders for the purpose of determining the number of signatures needed to initiate a referendum.

Lobster license holders not included on the list of established island resident lobster license holders who have a permanent physical place of abode on the island may petition the Commissioner for inclusion on the list.

The Commissioner will provide the interim island committee with a petition form to collect signatures for the purpose of initiating a referendum. The petition must include both a description of the island limited entry program, and the number of licenses proposed for the island. The number of licenses proposed for the island may not be smaller than the current number of established island resident lobster license holders.

The interim island committee must collect a minimum of five signatures of established island residents who are Class I, II, or III license holders, or 10% of the established island residents who are Class I, II, or III license holders, whichever is greater.

If the required number of signatures is collected, a representative from the interim island committee must present the proposal to the Lobster Management Policy Council of the Zone in which the island is located before the referendum may be conducted.

Based on the feedback received from the Lobster Management Policy Council, the interim island committee may amend the number of licenses proposed before the referendum is conducted.

Island limited entry referenda

The referendum question shall be mailed to all eligible license holders identified as established island resident lobster license holders.

The referendum ballots will include a postage-paid return address at the Department of Marine Resources.

The interim island committee may submit a proposed island limited entry program to the Commissioner if it is approved by a simple majority of those voting in the referendum.

If a referendum to establish an island limited entry program fails to obtain the approval of a simple majority of those voting in the referendum, no further referenda will be approved for a minimum of 24 months from the date that the ballots of the previous referendum were due.

Voter qualifications

Only those individuals identified on the list of established resident island lobster license holders are eligible to vote in the island limited entry program referenda.

To be eligible to vote, a person must be at least 18 years of age or older.

Each person eligible to vote in the referendum shall have one vote.

Adoption

If an island limited entry program is approved by a simple majority of those voting in the referendum, the Commissioner may adopt and publish the rules as proposed or may reject the proposed rule if it is found to be unreasonable.

If rules are adopted to establish a limited entry program for an island, the Commissioner shall, at the end of the licensing year, designate those licenses that are the established island resident lobster license holders, solely for the purpose of determining future entry through the island limited entry program.

Licenses issued pursuant to 12 M.R.S. §6448 sub-§8 to island residents during the licensing year shall be designated as established island resident lobster licenses, solely for the purpose of determining future entry through the island limited entry program.

If rules are adopted to establish a limited entry program for an island, no further referenda will be approved for a minimum of 36 months from the effective date of the regulation establishing the program. A change to the number of island resident licenses established through the referendum requires a new island limited entry referendum.

- 1. Island limited entry program procedures

Island waiting list

The Commissioner shall maintain and make available an island license waiting list of persons who have requested an island limited entry lobster and crab fishing license.

A person who did not hold a Class I, II, or III lobster and crab fishing license in the previous licensing year and wishes to be a new island resident lobster license holder shall notify the Department by submitting an island waiting list declaration form. The person must be put on the waiting list according to the date on which the form was received. If multiple persons submit forms on the same day, persons shall be placed on the list according to the date the Commissioner determined that the person is eligible for a Class I, II or III lobster and crab fishing license.

A person who held a Class I, II, or III lobster and crab fishing license in the previous calendar year in a Lobster Management Zone other than the one in which the island is located, and wishes to be a new island resident lobster license holder shall notify the Department by submitting an island waiting list declaration form. The person must be put on the waiting list according to the date on which the form was received. If multiple persons submit forms on the same day, persons shall be placed on the list according to the date their lobster and crab fishing license was initially issued.

If persons described under both (b) and (c) above submit island waiting list declaration forms on the same day, placement on the waiting list shall be determined through a random lottery drawing.

A person who is on a Zone waiting list may remain on that list when they make the island waiting list declaration, but they are no longer eligible to remain on the Zone waiting list if they accept a new island resident lobster license.

Licenses issued

For islands that have established limited entry programs, in the initial year the Commissioner shall determine the number of new island resident licenses that may be authorized at the conclusion of the rule-making process. The number of new island resident lobster licenses must be calculated by determining the number of established island resident license holders. The number of established island resident lobster license holders shall be subtracted from the number of island resident licenses established through the referendum process. The number of licenses remaining is the number of new island resident licenses that may be authorized.

In subsequent years, by April 1^st of each licensing year, the Commissioner shall determine the number of new island resident licenses that may be authorized. The total number of established island resident license holders and new island resident license holders at the end of the previous calendar year shall be subtracted from the number of island resident licenses established through the referendum. The number of licenses remaining is the number of new island resident licenses that may be authorized.

Once the number of new island resident licenses to be issued has been calculated, a list of authorized new island resident license holders shall be determined from the waiting list pursuant to Chapter 25.97(3)(A).

Authorized new island resident license holders will be informed in writing, and mailed a license application form by certified mail.

Authorized new island resident license holders must submit their completed license application, with correct fees and documentation to the Department. The application must be received by the Department within 30 days of receipt by the applicant of the notice described in Chapter 25.97(3)(B)(4) above, or the new island resident will lose his/her authorization to qualify for a new island resident license.

If an authorized new island resident has not complied with (5) above, the next person on the island limited entry waiting list will be sent a license application and have 30 days to comply in the same manner.

If a person who is authorized as a new island resident license holder is not an island resident at the time of authorization, he/she will have 120 days to begin residency on the island. That person’s new island resident lobster and crab fishing license may not be issued until residency is established. If an authorized new island resident has not established residency within 120 days, the next person on the island limited entry waiting list will be sent a license application.

New island resident licenses will be designated in a manner suitable to enable the Department to ensure that the license holder is complying with the requirements of Chapter 25.97(3)(C).

Requirements of new island resident license holders

- - 1. Persons holding new island resident lobster licenses must submit annually proof of lobster landings to the Department, or indicate that they did not fish. This requirement remains in effect until they have documented eight years of lobster landings. 2. Persons holding new island resident licenses must confirm annually that they are continuing to meet residency requirements by completing the statement of domicile as provided by the DMR Licensing Division. Pursuant to 12 M.R.S. §6303, any license issued through misrepresentation or misstatement shall be void. 3. A new island resident lobster license becomes void when a person no longer meets the residency requirements in accordance with 12 M.R.S. §6449 sub-§2.

Residency requirement waivers

A person who is unable to continue to meet the definition of a new island resident lobster license holder because a substantial illness or medical condition on the part of the person or an immediate family member prevented that person from continuing their residency on the island may appeal to the Commissioner for a residency waiver at the time of license renewal. The person must provide the Commissioner documentation from a physician describing the illness or other medical condition. In the case of illnesses or medical conditions lasting longer than a year, the Commissioner will annually review the circumstances to determine whether or not to extend the residency waiver. The person must demonstrate intent to return to residency on the island in order to be eligible for an extension of the residency waiver.

A person who is unable to continue to meet the definition of a new island resident lobster license holder because their child is enrolled as a student in a mainland community up to grade 12 may appeal to the Commissioner for a residency waiver at the time of license renewal. The person must provide the Commissioner documentation that their child is enrolled as a full-time student in accordance with 20-A M.R.S. §5001-A. This waiver may be renewed annually for the duration of the child’s enrollment.

- 1. Island limited entry program committee. An island committee composed of resident lobster license holders of the island that has established a limited entry program must be established within three months of the adoption of the regulations establishing the limited entry program, to provide advice to the Commissioner on issues affecting the island limited entry program.

Composition. The Committee shall be composed of five members, as follows:

- - 1. Three established island resident lobster license holders, and 2. Two new island resident lobster license holders.

If there are less than two new island resident lobster license holders, the Committee shall include only one new island resident lobster license holder.

Election. The Committee shall be elected by established island resident lobster license holders and new island lobster license holders. Member(s) shall be elected for two-year terms. Members may be re-elected.

Meetings of members. The Committee shall meet at least annually, or more often as needed to address issues of importance concerning the island limited entry program. Committee meetings shall be open to the public.

- 1. Islands with approved limited entry programs

Cliff Island. The Cliff Island limited-entry program allows up to 12 commercial island resident lobster licenses to be issued annually.

Cranberry Isles. The Cranberry Isles limited-entry program allows up to 23 commercial island resident lobster licenses to be issued annually.

Monhegan Island. The Monhegan Island limited-entry program allows up to 17 commercial island resident lobster licenses to be issued annually.

Frenchboro.The Frenchboro Island limited-entry program allows up to 14 commercial island resident lobster licenses to be issued annually.

Swans Island.The Swans Island limited-entry program allows up to 72 commercial island resident lobster licenses to be issued annually.

25.98 Electronic Tracking Requirements for Federally-Permitted Lobster and Jonah Crab

License Holders

Effective December 15, 2023, the following electronic tracking device requirements apply to all federally permitted lobster and crab license holders, as defined in section 1.

1. Definitions

Approved tracking device. “Approved tracking device” means an electronic device that meets all the specifications outlined in Section 3.1 of the Atlantic States Marine Fisheries Commission Addendum XXIX to the American Lobster Fishery Management Plan and which has been approved for use by the Atlantic States Marine Fisheries Commission.

Federally permitted lobster and crab fishing license holder. “Federally permitted lobster and crab fishing license holder” means an individual who is eligible for a commercial Maine state license or who is licensed to fish commercially for lobster and crab under 12 M.R.S. 6421 or 12 M.R.S. 6302-A who also holds a federal lobster and crab commercial trap gear permit for any of the Lobster Conservation Management Areas (LCMAs) 1, 2, 3, 4, 5, or the Outer Cape Cod on the vessel identified on their lobster and crab fishing license.

Electronic tracking device requirements

Prior to their first lobster and crab fishing trip following December 15, 2023, federally permitted lobster and crab fishing license holders are required to install an approved tracking device.

Federally permitted lobster and crab fishing license holders are required to certify to the Department of Marine Resources when they have completed the installation of the approved tracking device. To submit their certification, federally permitted lobster and crab fishing license holders must complete an electronic form available through the Department of Marine Resources publicly accessible website.

Prohibitions. Unless a federally permitted lobster and crab fishing license holder has made notification to the Department as provided in (5) the following prohibitions apply.

- 1. It is unlawful for a federally permitted lobster and crab fishing license holder to fish for, take, possess, or land lobster or Jonah crab taken with trap gear without having an approved tracking device installed aboard the permitted vessel listed on their license. 2. It is unlawful for a federally permitted lobster and crab fishing license holder to remove or have removed the approved tracking device from the permitted vessel listed on their license without written approval from the Department of Marine Resources. 3. It is unlawful for a federally permitted lobster and crab fishing license holder to allow the permitted vessel listed on their license to be operated in the coastal waters of the State without the approved tracking device being powered by an external power source at all times; an exception to this requirement exists when the vessel is moored or docked at berth. 4. The approved tracking device must remain in an operational condition, minimally powered by an internal battery, when a permitted vessel is docked, moored, or removed from the water. The license holder shall notify the Department of Marine Resources prior to an approved tracking device being rendered inoperative in instances where the permitted vessel is removed from the coastal waters for an extended period of time or for purposes of repairing or replacing an approved tracking device. 5. It is unlawful for a person to tamper with an approved tracking device or device signal; tampering includes any activity that may affect the unit's ability to operate or signal properly or to accurately compute or report the vessel's position. Tampering with an approved tracking device is not considered to occur in circumstances where an approved tracking device is being repaired or replaced provided the license holder has written approval from the Department of Marine Resources.

Exemptions. The following federally permitted lobster and crab fishing license holders are exempt from the electronic tracking requirements.

A federally permitted license holder who holds a federal commercial trap gear permit that has been placed in confirmation of permit history (CPH), a permit status for when a vessel with limited access permits has sunk, been destroyed, or has been sold to another person without its permit history.

A federally permitted license holder who holds a federal lobster commercial trap gear permit that does not fish trap gear at any point in the fishing year (i.e., only fishes other gear under a federal lobster commercial/non-trap permit, charter/party non-trap permit, and/or does not fish any trap gear at any point in the fishing year).

Device failure. In the event of an electronic tracking device failure, a violation of the prohibitions in section (3) shall not exist when the federally permitted lobster and crab fishing license holder makes notification of the failure to the Department by phone, text message, or email prior to beginning a fishing trip with the inoperable device. The license holder must work with the Department in good faith and in a timely manner to restore device operability as soon as possible. It is unlawful for a license holder to begin subsequent fishing trips with an inoperable device without written approval from the Department.

In circumstances where a federally permitted lobster and crab fishing license holder has reported frequent or repeated tracking device failures aboard a permitted vessel, a Marine Patrol Officer, after having given notice to that license holder, may require that license holder to obtain written approval from the Department prior to beginning a fishing trip with an inoperable tracking device.

*Summary statements, like notes, are not part of the text of rule chapters. They are included here at the request of the agency.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §§ 6171, 6171-A, 6175, 6431, 6446, 6447, 6448
EFFECTIVE DATE: December 1, 1980 – Section 25.50
AMENDED: April 15, 1981 – Sections 25.01, 25.02, 25.03, 25.50, 25.75
AMENDED: June 4, 1982 – Sections 25.25, 25.30 (EMERGENCY)
AMENDED: April 20, 1984 – Section 25.60
AMENDED: August 13, 1984 – Sections 25.91, 25.92
AMENDED: October 1, 1984 – Section 25.90 (filed March 12, 1984)
AMENDED: October 1, 1984 – Section 25.90 (filed August 8, 1984)
AMENDED: April 30, 1986 – Section 25.90
AMENDED: November 2, 1986 – Section 25.80
AMENDED: November 17, 1986 – Section 25.75
AMENDED: December 27, 1986 – Section 25.90
AMENDED: March 1, 1987 – Section 25.80
AMENDED: September 9, 1987 – Section 25.55
AMENDED: January 1, 1988 – Section 25.80
AMENDED: January 11, 1988 – Section 25.75
AMENDED: May 2, 1989 – Section 25.55 (EMERGENCY)
AMENDED: January 14, 1989 – Section 25.55
AMENDED: March 21, 1989 – Section 25.80 repealed
AMENDED: October 21, 1989 – Section 25.90
AMENDED: February 17, 1990 – Section 25.50
AMENDED: February 17, 1990 – Section 25.80
AMENDED: May 20, 1990 – Section 25.09
AMENDED: November 10, 1990 – Section 25.75
AMENDED: December 2, 1990 – Section 25.90
AMENDED: October 29, 1991 – Section 25.70
AMENDED: June 28, 1992 – Section 25.85
AMENDED: August 1, 1993 – Section 25.04
AMENDED: August 4, 1993 – Section 25.06 (EMERGENCY)
AMENDED: March 4, 1996 – Sections 25.07, 25.08
AMENDED: August 17, 1996 – Section 25.95
AMENDED: September 23, 1996 – Section 25.90
AMENDED: September 23, 1996 – Section 25.93
AMENDED: September 23, 1996 – Section 25.94
AMENDED: August 31, 1997 – Section 25.96
AMENDED: December 1, 1997 – Section 25.95
AMENDED: January 28, 1998 – Section 25.10(1, 2) (Zone G and E)
AMENDED: July 18, 1998 – Section 25.10(1) (Zone G) (rendered VOID, by injunction and Consent Order)
AMENDED: October 3, 1998 – Section 25.10(4) (Zone F)
AMENDED: October 25, 1998 – Section 25.95, repealed and replaced
AMENDED: November 22, 1998 – Section 25.95(1)(B)(2)(a) added
AMENDED: March 1, 1999 – Section 25.10(7) (Zone A) added
AMENDED: March 1, 1999 – Section 25.10(5) (Zone B) added
AMENDED: March 1, 1999 – Section 25.10(6) (Zone C) added
AMENDED: March 1, 1999 – Section 25.10(3) (Zone D) added
AMENDED: May 18, 1999 – Section 25.82
AMENDED: May 18, 1999 - Section 25.85(1)(B)
AMENDED: June 1, 1999 – Section 25.85
AMENDED: October 12, 1999 – Section 25.95(1)(B)
AMENDED: November 29, 1999 – Section 25.94(2)(d,e)
AMENDED: December 25, 1999 – Sections 25.04, 25.90(A-C), 25.94, 25.96 amended; 25.07 and 25.90
AMENDED: Summary repealed
AMENDED: December 27, 1999 – Section 25.06 added
AMENDED: February 19, 2000 – Section 25.93
AMENDED: June 26, 2000 – Section 25.94(2)(d)
AMENDED: June 26, 2000 – Section 25.08
AMENDED: June 26, 2000 – Sections 25.91, 25.92 repealed
AMENDED: July 29, 2000 – Section 25.90(B)(1)
AMENDED: August 21, 2000 – Section 25.93(F)(3) added
AMENDED: September 23, 2000 – Sections 25.10(1)(a), 25.93(A)(11), 25.93(E, F), 25.96(E)
AMENDED: October 22, 2000 – Section 25.93(F)(1)(b)(i,ii,iv) added
AMENDED: November 19, 2000 – Sections 25.90(G), 25.95(1)(B)(2)(a)
AMENDED: December 24, 2000 – Sections 25.93(F)(1)(b)(v), 25.93(F)(3)
AMENDED: December 26, 2000 – Section 25.09
AMENDED: May 23, 2001 – Section 25.75
AMENDED: May 23, 2001 – Section 25.94
AMENDED: June 19, 2001 – Section 25.94
AMENDED: July 6, 2001 – Section 25.40 (EMERGENCY)
AMENDED: July 21, 2001 – Section 25.06, 25.08
AMENDED: October 31, 2001 – Section 25.95(1)(B)(2)(a)
AMENDED: November 25, 2001 – Section 25.40
AMENDED: November 25, 2001 – Section 25.90(B)(1)
AMENDED: November 25, 2001 – Section 25.95(1)(D)(4)
AMENDED: April 29, 2002 – Section 25.94(2)(C, D)
AMENDED: June 24, 2002 – Section 25.15 added
AMENDED: July 22, 2002 – Section 25.04
AMENDED: July 22, 2002 – Section 25.96
AMENDED: August 26, 2002 – Section 25.94(2)(c)
AMENDED: August 26, 2002 – Section 25.96(B)
AMENDED: October 13, 2002 – Section 25.95(1)(B)(2)(a)
AMENDED: March 24, 2003 – Section 25.96
AMENDED: September 16, 2003 – Section 25.93(F)(1)(b)(i)
AMENDED: November 9, 2003 – Section 25.95(1)(B)(2)(a)
AMENDED: November 25, 2003 – Section 25.85(1), Repeal of Titles for 25.91 and 25.92
AMENDED: December 17, 2003 – Section 25.40
AMENDED: January 26, 2004 – Section 25.90
AMENDED: April 27, 2004 – Sections 25.07 added; Section 25.08(B)(2) amended
AMENDED: April 27, 2004 – Section 25.08(B)(1,6)
AMENDED: May 1, 2004 – Section 25.20
AMENDED: June 12, 2004 – Section 25.08(B)
AMENDED: June 12, 2004 – Section 25.93(B)
AMENDED: September 20, 2004 – Section 25.93(F)(1)(b)(ii)
AMENDED: October 4, 2004 – Section 25.95(1)(B)(2)(a)
AMENDED: January 1, 2005 – Section 25.94(2)(e,f)
AMENDED: January 1, 2005 – Section 25.96
AMENDED: January 1, 2005 – Section 25.90(D)(3)
AMENDED: April 25, 2005 – Section 25.02 repealed
AMENDED: April 25, 2005 – Section 25.93(F)(1)(b)(iv)
AMENDED: June 20, 2005 – Section 25.93(F)(1)(b)(vi)
AMENDED: October 3, 2005 – Section 25.95(1)(B)(2)(a)
AMENDED: October 24, 2005 – Section 25.07(B)(4)
AMENDED: January 23, 2006 – Section 25.02 repealed
AMENDED: January 23, 2006 – Section 25.08(B)(5)
AMENDED: January 23, 2006 – Section 25.93(F)(1)(b)(iii)
AMENDED: January 23, 2006 – Section 25.94(2)(e,f)
AMENDED: January 23, 2006 – Section 25.96(B)(3)
AMENDED: July 5, 2006 – Sections 25.96(B)(2)(c), 25.96(B)(3)(b)(ii)(2)(c)
AMENDED: September 1, 2006 – Section 25.08(A)(3)
AMENDED: September 17, 2006 – Section 25.95(1)(B)(2)(a)
AMENDED: November 20, 2006 – Sections 25.96(B)(1), 25.96(E)(1)
AMENDED: January 1, 2007 – Sections 25.96(B)(2)(d), 25.96(B)(3)(b)(ii)(2)(d)
AMENDED: May 6, 2007 - Section 25.96(B)
AMENDED: July 15, 2007 – Sections 25.96(B)(2)(f), 25.96(3)(b)(ii)(2)(f)
AMENDED: September 2, 2007 – Section 25.95(1)
AMENDED: September 24, 2007 – Section 25.95(1)(D)(3), (E), (F)(3)
AMENDED: January 1, 2008 – Sections 25.02(2), 25.12 and punctuation throughout entire chapter
AMENDED: January 1, 2008 – Sections 25.96(B)(2)(g), 25.96(B)(3)(b)(ii)(2)(g)
AMENDED: January 1, 2008 – Section 25.96(B)(2)(a-f)
AMENDED: July 22, 2008 – Section 25.20 removed, absorbed into new Chapter 75
AMENDED: September 23, 2008 – Section 25.93(F)(1)(b)(iii)
AMENDED: September 23, 2008 – Section 25.93-(F)(1)(b)(iv)
AMENDED: November 24, 2008 – Section 25.93(F)(1)(b)(i)
AMENDED: November 24, 2008 – Section 25.93(F)(1)(b)(ii)
AMENDED: November 24, 2008 – Section 25.93(F)(1)(b)(v)
AMENDED: November 24, 2008 – Section 25.93(F)(1)(b)(vi)
AMENDED: April 20, 2009 – Section 25.08(F)
AMENDED: July 20, 2009 – Sections 25.45, 25.94(2)(b,c)
AMENDED: July 23, 2009 – Section 25.65 (EMERGENCY, Expires August 6, 2009)
AMENDED: July 25, 2009 – Section 25.65 (EMERGENCY, Expires July 27, 2009)
AMENDED: December 21, 2009 – Sections 25.09 and 25.90
AMENDED: June 1, 2010 – Section 25.08(A)(4)
AMENDED: August 23, 2010 – Section 25.95(1)(F), section 25.95(6) repealed
AMENDED: August 23, 2010 – Section 25.93(E)(4)
AMENDED: September 20, 2010 – Sections 25.04 and 25.97
AMENDED: August 22, 2011 – Section 25.08(B)(2)
AMENDED: November 9, 2011 – Section 25.04(C)
AMENDED: July 23, 2012 – Sections 25.95 and 25.97
AMENDED: October 15, 2012 – Section 25.97(E)(4)
AMENDED: July 25, 2013 – Section 25.11 added
AMENDED: January 29, 2014 - Sections 25.75 and 25.93(F)
AMENDED: February 22, 2014 – Section 25.65 added (EMERGENCY, Expires May 22, 2014)
AMENDED: May 14, 2014 – Section 25.65 added
AMENDED: August 10, 2014 – Section 25.02(A-(C) added; Sections 25.40, 25.50, 25.55, 25.60 amended
AMENDED: September 12, 2014 – Section 04(B)(3) (EMERGENCY, Expires December 10, 2014)
AMENDED: March 9, 2015 – Section 25.04(3), 25.08(A)(1) amended; Section 25.04(D), 25.97 ()(5) added
AMENDED: March 2, 2016 – Section 25.97
AMENDED: March 2, 2016 – Section 25.45
AMENDED: June 21, 2016 – Section 25.65 amended (EMERGENCY, Expires September 19, 2016)
AMENDED: November 15, 2016 – Sections 25.08 (A)(3)(4)(5), 25.90(A)(2), (C)(1), (D)(1),
AMENDED: 25.97(B)(2)(4), (C)(2), (E)(5)
AMENDED: March 12, 2017 – Sections 25.04 (B)(3), 25.93 (F)(1)(2), 25.94(2), 25.96 (B)
AMENDED: November 14, 2017 – Sections 25.04 (E,F), 25.08 (A)(3,4), 25.40(B)(1), 24.45(2)(C)(2)
AMENDED: August 6, 2018 – Section 25.04(C) – provision becomes effective on October 1, 2018
AMENDED: August 21, 2018 – Section 25.70
AMENDED: November 24, 2018 – Section 25.04(B)(3)
AMENDED: March 13, 2019 – Section 25.04(C)
AMENDED: July 17, 2019 – Section 25.02(D)
AMENDED: August 18, 2020 – Section 25.08(A) renumbered in accordance with SOS version of the
AMENDED: filing.
AMENDED: May 1, 2022, Section – 25.04(B), (C)
AMENDED: August 16, 2022 – Sections 25.04(F), 25.11(C)
AMENDED: August 13, 2023 – Section 25.04(B)1
AMENDED: November 5, 2023 – Section 25.98 (new) – filing 2023-223
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 26 Sea Urchins

Code Me. R. 13-188 Ch. 26 Sea Urchins {#sec-13-188-ch.-26 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 26}

TITLE INDEX

26.01 Nighttime Harvesting Prohibition

26.02 Sea Urchin Minimum Size and Tolerance

26.03 Sea Urchin Maximum Size and Tolerance

26.05 Sea Urchin Drag Regulation

26.07 Sea Urchin Harvesting Season 2026-2027 pursuant to 12 M.R.S. §6749

26.10 Log Book

26.12 Tagging

26.15 Sea Urchin Harvester License Limited Entry System

26.19 Limited Access Areas

26.20 Targeted Closures

26.30 Sea Urchin Zone Council Elections

26.40 Tote Limits

26.50 Urchin Electronic Reporting

APPENDICES

Appendix A Calendar: Sea Urchin Season for Maine Zone 1

Appendix B Calendar: Sea Urchin Season for Maine Zone 2

Appendix C Calendar: Sea Urchin Season for Whiting and Dennys Bays Limited Access Area (Zone 2)

26.01 Nighttime Harvesting Prohibition

It shall be unlawful to fish for or take sea urchins during the nighttime hours between sunset (as defined in 12 M.R.S. §6001(46)) until ½ hour before sunrise (as defined in 12 M.R.S. §6001(45)) within Maine’s coastal waters.

26.02 Sea Urchin Minimum Size and Tolerance

Prohibition. It is unlawful for any person to take, possess, ship, transfer, transport, buy, or sell a sea urchin having a shell measuring less than 2¹/₁₆ inches in the longest diameter, measuring from the top or bottom of the urchin, exclusive of spines.

Exceptions to 26.02(1) prohibition

Possession tolerance for all persons. Any person may possess sea urchins measuring less than 2¹/₁₆ inches if they comprise less than 5% of any bulk pile.

Take tolerance for harvesters

Zone 1 and 2 divers. Zone 1 and 2 divers may take sea urchins that are less than 2¹/₁₆ inches if they comprise less than 20% of any bulk pile prior to culling on board.

Take tolerance for all other harvesters. All licensed sea urchin harvesters except Zone 1 and 2 divers may take sea urchins that are less than 2¹/₁₆ inches prior to culling on board.

Sea urchin obtained outside the state of Maine. Any person exceeding the possession tolerance of this regulation for sea urchins measuring less than 2¹/₁₆ inches shall not be in violation of Chapter 26.02 if that person is in possession of a bill of lading for the amount of the sea urchins exceeding the tolerance amount showing those sea urchins were lawfully obtained from an origin outside the State of Maine. The absence of a bill of lading shall be prima facie evidence that the sea urchins were taken from waters within the jurisdiction of the State of Maine.

Tolerance. Tolerance shall be determined by numerical count of not less than ½ bushel taken at random from various parts of the bulk pile or by count of the entire bulk pile if it contains less than ½ bushel.

If any person is found in possession of sea urchins measuring less than 2¹/₁₆ inches that comprise more than 5% of the bulk pile pursuant to 26.02(2)(A) or 20% pursuant to 26.02(2)(B)(1), that bulk pile shall be considered contraband and subject to seizure.

Culling requirement. Sea urchins measuring less than 2¹/₁₆ inches must be culled on board immediately after take, and liberated alive into the marine waters.

26.03 Sea Urchin Maximum Size and Tolerance

Prohibition. It is unlawful for any person to take, possess, ship, transfer, transport, buy, or sell a sea urchin having a shell measuring more than 3 inches in the longest diameter, measuring from the top or bottom of the urchin, exclusive of spines.

Exceptions to 26.03(1) prohibition

Possession tolerance for all persons. Any person may possess sea urchins measuring more than 3 inches if they comprise less than 5% of any bulk pile.

Take tolerance for harvesters

Zone 1 and 2 divers. Zone 1 and 2 divers may take sea urchins that are more than 3 inches if they comprise less than 20% of any bulk pile prior to culling on board.

Take tolerance for all other harvesters. All licensed sea urchin harvesters except Zone 1 and 2 divers may take sea urchins that are more than 3 inches prior to culling on board.

Sea urchins obtained outside the state of Maine. Any person exceeding the possession tolerance of this regulation for sea urchins measuring more than 3 inches shall not be in violation of Chapter 26.03 if that person is in possession of a bill of lading for the amount of the sea urchins exceeding the tolerance amount showing those sea urchins were lawfully obtained from an origin outside the State of Maine. The absence of a bill of lading shall be prima facie evidence that the sea urchins were taken from waters within the jurisdiction of the State of Maine.

If any person is found in possession of sea urchins measuring more than 3 inches that comprise more than 5% of the bulk pile pursuant to 26.03(2)(A) or 20% pursuant to 26.03(2)(B)(1), that bulk pile shall be considered contraband and subject to seizure.

Culling requirement. Sea urchins measuring more than 3 inches must be culled on board immediately after take, and liberated alive into the marine waters.

26.05 Sea Urchin Drag Regulation

It shall be unlawful to fish for, possess or take sea urchins with a drag, or combination of drags, in excess of 5 feet six inches effective fishing width (by measuring from the extreme outside of the mouth of the drag or drags), within Maine’s coastal waters.

Escape panel - Zone 2. It shall be unlawful to fish for, possess, or take sea urchins in Zone 2 with a drag that does not have an escape panel.

Configuration of Escape Panel

The panel shall consist of a single layer of netting in the top of the drag above the chains.

There can be no liner or other material or device obstructing any part of the panel.

The panel must be at least 2 feet deep (from front to back of the drag) and extend across the full width of the drag.

The mesh of the netting must be hung “square”, not “diamond”, that is, the twines of the mesh going one way must run parallel to the front (mouth) of the drag and the twines of the mesh going the other way must run perpendicular to the front (mouth) of the drag, not diagonally.

The meshes must measure at least 2 inches from the middle of one knot to the middle of the next adjacent knot.

Method of mesh measurement. Mesh size shall be measured by lining up 5 consecutive knots perpendicular to the front of the drag or parallel to the front of the drag and measuring the distance from the middle of one knot to the middle of the next knot with a ruler or tape measure. The mesh measurement shall be the average of the 5 consecutive measures. These measurements must be made at least 2 meshes away from the edges of the panel.

Exception. It shall be lawful to fish for, take, or possess sea urchins with a drag that qualifies as a scallop drag under Chapter 11.07 if the drag meets the requirements of Chapter 26.05(1).

26.07 Sea Urchin Harvesting Season 2026-2027 pursuant to 12 M.R.S. §6749.

Harvesters may choose 15 of the available days in Zone 1 and 30 of the potential 40 available days in Zone 2.

Zone 1 [as defined by 12 M.R.S. §6749-N(1)]. Harvesters may choose 15 of the available fishing days.

One season for divers, trappers, rakers and draggers. The Zone 1 season for all harvesters who have certified Zone 1 on forms provided by the Commissioner, is open Mondays, Tuesdays, Wednesdays, Thursdays and Fridays in November and December 2026, and January and February 2027, except for Friday, December 25, 2026, which shall remain closed. Divers, trappers, rakers and draggers may fish no more than a total of 15 of these days.

Zone 2 [as defined by 12 M.R.S. §6749-N(2)]. Harvesters may choose 30 of the potential 40 days.

Early season for divers, trappers and rakers. The Zone 2 season for divers, trappers and rakers who have certified the early season on forms provided by the Commissioner, is open Tuesdays, Wednesdays and Thursdays in October 2026, with the exception of October 1, 2026 which shall remain closed; Mondays, Tuesdays, Wednesdays and Thursdays in November, 2026, with the exception of November 2, 9, 19 and 26, 2026, which shall remain closed; and Mondays, Tuesdays, Wednesdays and Thursdays in December 2026, with the exception of December 10, 24 and 31, 2026 which shall remain closed. Divers, trappers, and rakers may fish no more than a total of 30 of these days.

Late season for divers, trappers and rakers. The Zone 2 season for divers, trappers and rakers who have certified the late season on forms provided by the Commissioner, is open December 15, 16, 17, 22, 23 ,24, 29, 30 and 31, 2026; Tuesdays, Wednesdays and Thursdays in January 2027 and February 2027; and is open March 2, 3, 4, 9, 10, 16 and 17, 2027. Divers, trappers, and rakers may fish no more than a total of 30 of these days.

Early season for draggers. The Zone 2 season for draggers who have certified the early season on forms provided by the Commissioner, is open Mondays, Tuesdays, Wednesdays, and Thursdays in November 2026, except Monday, November 2, 9, 16, and 30, 2026, and Thursday, November 26, 2026, which shall remain closed; Wednesdays, Thursdays, Fridays and Saturdays in December 2026, with the exception of December 2, 25 and 26, 2026, which shall remain closed; Wednesdays, Thursdays and Fridays in January 2027, with the exception of January 1 and 29, 2027, which shall remain closed; and February 3 and 4, 2027. Draggers may fish no more than a total of 30 of these days.

Late season for draggers. The Zone 2 season for draggers who have certified the late season on forms provided by the Commissioner, is open December 1, 2, 3, 9, 10, 11, 16, 17, 18, 22, 23, 24, 29, 30 and 31, 2026; Wednesdays, Thursdays and Fridays in January 2027, except January 1, 6, 13, and 29, 2027, which shall remain closed; Wednesdays, Thursdays and Fridays in February 2027, with the exception of February 17 and 24, 2027, which shall remain closed, and March 3, 4, 10, 11, 17 and 18, 2027 are open. Draggers may fish no more than a total of 30 of these days.

Designation of Zone 2 early or late season:

A person who holds a sea urchin harvesting license for Zone 2 may not harvest sea urchins in Zone 2 unless that person certifies on forms provided by the Commissioner that the person will fish for or take sea urchins during either the early season or the late season.

A person who has certified the early or late season may, between May 1^st and August 15^th change that certification to the other time period as the time period in which that person will fish for or take sea urchins.

26.10 Log Book

See Chapter 8.10(3)(A) Landings Program.

26.12 Tagging

Each bulk pile (tote) of sea urchins must be tagged by the harvester once landed on shore. Each tag must include the date of harvest and the harvester license number. The tag must accompany each tote of sea urchins at all times until arrival at the purchasing dealer’s licensed facility.

Exception. A harvester who sells a bulk pile (tote) of sea urchins to a licensed dealer at the landing location is not required to tag the tote provided the licensed dealer purchasing the sea urchins tags each tote with the date of harvest and the harvester license number.

26.15 Sea Urchin Harvester License Limited Entry System

Beginning August 1, 2004, no new sea urchin harvesting licenses will be issued, and no lotteries will be held.

26.19 Limited Access Areas

Transiting exception. Any vessel possessing urchins onboard, may transit the Limited Access Area, only if the vessel has all fishing gear (dredges, drags, regulators, buoyancy compensators, fins, tanks, weight belts) securely stowed. Securely stowed shall mean the main wire shall not be shackled or connected to the dredges or drags, and the towing swivel will be at the block or on the winch for draggers, while regulators, buoyancy compensators and tanks should be disconnected with fins and weight belts removed for divers.

Whiting and Dennys Bay area (Zone 2). Harvesters may choose up to 12 days of the following applicable season open days for the Whiting and Dennys Bay limited access area to fish within their 30 days available for harvest.

Early season for divers, trappers and rakers. It shall be unlawful to fish for, take, or possess urchins west of a line starting at the western end of Mahar Point, Pembroke, due south to the nearest point of land on Crow Neck, Trescott, to include all of Whiting and Dennys Bay except by divers, trappers, and rakers who have certified the early season on forms provided by the Commissioner on October 13, 20, and 27, 2026 and Tuesdays in November and December 2026.

Late season for divers, trappers and rakers. It shall be unlawful to fish for, take, or possess urchins west of a line starting at the western end of Mahar Point, Pembroke, due south to the nearest point of land on Crow Neck, Trescott, to include all of Whiting and Dennys Bay except by divers, trappers and rakers who have certified the late season on forms provided by the Commissioner on December 29, 2026; Tuesdays in January 2027, and Tuesdays in February 2027, and March, 2, 9, and 16, 2027.

Early season for draggers. It shall be unlawful to fish for, take, or possess urchins west of a line starting at the western end of Mahar Point, Pembroke, due south to the nearest point of land on Crow Neck, Trescott, to include all of Whiting and Dennys Bay except by draggers who have certified the early season on forms provided by the Commissioner, on November 5, 12, and 19, 2026; December 3, 10, and 17, 2026; January 7, 14, 21 and 28, 2027; and February 3 and 4, 2027.

Late season for draggers. It shall be unlawful to fish for, take, or possess urchins west of a line starting at the western end of Mahar Point, Pembroke, due south to the nearest point of land on Crow Neck, Trescott, to include all of Whiting and Dennys Bay except by draggers who have certified the late season on forms provided by the Commissioner, on December 3, 10 and 17, 2026; January 7, 14, 21 and 28, 2027; February 4, 11 and 25, 2027; and, March 4 and 11, 2027.

26.20 Targeted Closures

It shall be unlawful to fish for, take, or possess urchins taken by any method within any of the following closed areas. All directions are relative to True North (not magnetic).

Transiting exception. Any vessel possessing urchins onboard, may transit these targeted closures, only if the vessel has all fishing gear (dredges, drags, regulators, buoyancy compensators, fins, tanks, weight belts) securely stowed. Securely stowed shall mean the main wire shall not be shackled or connected to the dredges or drags, and the towing swivel will be at the block or on the winch for draggers, while regulators, buoyancy compensators and tanks should be disconnected with fins and weight belts removed for divers.

Cat Ledges area. It shall be unlawful to fish for, take, or possess urchins inside a line drawn from the southwestern tip of Pratt Island, Southport Island, then south to Red Gong “4CL”, then northeast to the prominent point on the eastern shore of Christmas Cove.

26.30 Sea Urchin Zone Council Elections

Elections and term. The Sea Urchin Zone Council shall hold its first election for those members specified in 12 M.R.S. §6749-X, sub-§1 by March 2008, and a biennial election thereafter beginning in December 2010, to re-elect or replace the elected members whose terms are expiring. Council members shall have terms of two years.

Election of council members. Election of council members shall be by a plurality vote of eligible voters participating in the election.

Eligibility of council members. To be eligible for election as a council member an individual must hold a valid license of a type specified in 12 M.R.S. §6749-X, sub-§1 and be at least 18 years of age. An individual who has been convicted of a marine resources law violation within the previous 6 years is not eligible for election as a council member unless a waiver from this requirement has been granted by the commissioner for good cause as determined by the commissioner in his or her discretion.

Eligibility to vote. An individual who holds a valid license of a type specified in 12 M.R.S. §6749-X, sub-§1 and is at least 18 years of age shall be eligible to vote to fill vacant council positions representing the same type of license held by the voter. If the license type is specific to Zone 1 or Zone 2, as defined under 12 M.R.S. §6749-N, then the individual shall only be eligible to participate in the election if the individual holds the eligible license in the same zone.

Election process. Each individual shall have one vote in the election for each seat for which they are eligible to vote. The vote shall be by secret mailed ballot and the ballots shall be collected by the Department of Marine Resources. The ballots shall be tallied, and the results shall be made known to the Commissioner, members of the Sea Urchin Zone Council and the public.

Vacancies. Any vacancy occurring in the membership of the Sea Urchin Zone Council including one created by reason of resignation, ineligibility, or death shall be filled by the candidate from the most recent election who received the second greatest number of votes. If no such candidate is available or is willing to serve as representative, then a special election will be held. Council members elected to fill a vacancy shall serve for the remainder of the vacated member’s term.

Removal of council members. A council member whose urchin license is suspended or revoked, or who fails to renew the license, shall automatically be removed from the Sea Urchin Zone Council. A Council member who misses three consecutive meetings without notifying an officer or other Council member of the intended absence from a meeting may be removed from the Council by affirmative vote of the Council.

26.40 Tote Limits

Zone 1. It is unlawful for Zone 1 sea urchin divers, rakers or trappers to fish for, take, possess at sea, or land more than nine (9) standard size stackable fish totes of sea urchins per day. While on shore, Zone 1 sea urchin divers, rakers, or trappers may not possess, transport, or sell more than the harvester’s weekly Zone 1 tote limit.

It is unlawful for Zone 1 drag vessels to fish for, take, possess at sea, or land more than nine (9) standard size stackable fish totes of sea urchins per day. While on shore, Zone 1 sea urchin drag vessels may not possess, transport, or sell more than the harvester’s weekly Zone 1 tote limit.

Zone 2. It is unlawful for Zone 2 sea urchin divers, rakers or trappers to fish for, take, possess at sea, or land more than six (6) standard size stackable fish totes of sea urchins per day. While on shore, Zone 2 sea urchin divers, rakers, or trappers may not possess, transport, or sell more than the harvester’s weekly Zone 2 tote limit.

It is unlawful for Zone 2 drag vessels to fish for, take, possess at sea, or land more than six (6) standard size stackable fish totes of sea urchins per day. While on shore, Zone 2 sea urchin drag vessels may not possess, transport, or sell more than the harvester’s weekly Zone 2 tote limit.

Implementation of daily and weekly tote limits. It is unlawful to offload sea urchins, or any parts of sea urchins, and then return to fishing for sea urchins the same day in Maine’s territorial waters. In addition, it is unlawful to transfer sea urchins, or any parts of sea urchins to or from another vessel at sea, except for tender vessels transiting to primary vessels during diving operations.

Weekly tote limits, calculated from Monday to Friday, are equal to the daily zone tote limit multiplied by the number of open days for the zone in which the license holder is authorized and elects to fish that week.

It is unlawful for a licensed sea urchin dealer to purchase a quantity of sea urchins from a licensed harvester greater than the licensed harvester’s weekly zone tote limit each week. All sales of sea urchins must be completed weekly by Friday at 11:59 p.m. It is unlawful for a person other than a licensed sea urchin dealer to possess sea urchins held over from the previous harvest week.

Standard size stackable fish totes, with respect to the sea urchin fishery, is defined as 28” Long x 16" Wide x 11" Deep when measured inside at the shelf level. The tote shall retain its original size and shape when filled. A tote, when full, must allow for a straight edge to clear without hinderance when swiped over the top of the tote.

26.50 Urchin Electronic Reporting

For the purpose of this section, “DMR-issued reporting device” means a transaction card or other Department developed and approved technology provided for the purpose of recording urchin transactions.

Eligibility. In order to be eligible for a DMR-issued device for the electronic reporting of urchin landings, an individual must be licensed according to 12 M.R.S. §6748, 6748-A, 6748-D, or 6302-A subsection 3 paragraph B. Valid reporting devices may only be issued by the Department of Marine Resources.

Harvester use. It is unlawful for an individual licensed under 12 M.R.S. §6748, 6748-A, 6748-D, or 6302-A subsection 3 paragraph B to sell or transfer urchins the license holder has taken, unless the harvester presents a DMR-issued reporting device and records each transaction. DMR-issued reporting devices may only be used to sell urchins which were harvested by the individual identified on the reporting device. A law enforcement officer may seize or deactivate the reporting device of an individual who has used their reporting device to sell urchins they did not harvest.

Dealer Use. It is unlawful for a person licensed under 12 M.R.S. §6851 subsection 2-B, subsection 2-C, or §6852 to purchase or transfer urchins from an individual licensed under 12 M.R.S. §6748, 6748-A, 6748-D, or 6302-A subsection 3 paragraph B, without recording the transaction using the electronic recording device specified by the Department for that purpose. DMR provided reporting software must be synchronized for updates to the reporting system prior to the purchase of urchins on each fishing day. A person licensed under 12 M.R.S. §6851 subsection 2-B or subsection 2-C may not purchase urchins from a harvester that does not present a DMR-issued reporting device. In the event of any failure of the reporting software or equipment, the Commissioner may authorize the use of paper reports until such time as the system is operational.

Records required. A person licensed in accordance with 12 M.R.S. §6851 subsection 2-B or subsection 2-C shall maintain documentation to account for all urchins in their possession. Any urchins legally obtained from other jurisdictions must have sufficient documentation to demonstrate their origin. Failure to provide proper documentation will be prima facie evidence that the urchins are illegal and are subject to seizure.

The Department will deactivate the reporting device of any individual who has met or exceeded their sea urchin harvest days. The onus is on the license holder to track days fished; harvesting beyond the number of allocated season days is considered fishing out of season and is prohibited.

An individual licensed according to 12 M.R.S. §6748, 6748-A, 6748-D, or 6302-A subsection 3 paragraph B that has declared into either the Zone 1 or Zone 2 fishery, must report all landed and retained sea urchins 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 day open for fishing in the license holder’s declared zone, a negative report is required.

Exception. Daily electronic reporting is not required if the license holder sells all their harvested sea urchins to a licensed dealer on the day of harvest and does not intend to hold any of the harvested sea urchins for sale later in the week.

Appendix A:

Sea Urchin Season for Maine Zone 1

Appendix B:

Sea Urchin Season for Maine Zone 2

Appendix C:

Sea Urchin Season for Whiting and Dennys Bay Limited Access Area (Zone 2)

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §§ 6171, 6171-A, 6302-A, 6749, 6749-C, 6749-U
EFFECTIVE DATE: December 22, 1993 (EMERGENCY)
EFFECTIVE DATE: May 30, 1994
AMENDED: August 14, 1994 – Section 26.05
AMENDED: July 27, 1996 – Section 26.10
AMENDED: July 31, 1996 – Section 26.07
AMENDED: August 14, 1996 – Section 26.10
AMENDED: July 22, 1997 – Section 26.07
AMENDED: August 25, 1998 – Section 26.07, calendars
AMENDED: December 12, 1998 – Section 26.20 added
AMENDED: January 31, 1999 – Section 26.15 added
AMENDED: May 18, 1999 – Section 26.20
AMENDED: August 28, 1999 – Section 26.07, calendars
AMENDED: August 21, 2000 – Sections 26.02, 26.03, 26.07, calendars
AMENDED: November 19, 2000 – Sections 26.05, 26.20(7)
AMENDED: July 21, 2001 – Sections 26.02, 26.03, 26.07, calendars
AMENDED: March 25, 2002 – Sections 26.02, 26.03, 26.15
AMENDED: June 24, 2002 – Section 26.07
AMENDED: March 24, 2003 – Section 26.15(2)(G)
AMENDED: April 21, 2003 – Section 26.15
AMENDED: August 3, 2003 – Sections 26.01, 26.05
AMENDED: August 3, 2003 – Section 26.02
AMENDED: August 3, 2003 – Section 26.03
AMENDED: August 3, 2003 – Section 26.06
AMENDED: August 3, 2003 – Section 26.07(1), calendar (earlier calendar removed)
AMENDED: August 3, 2003 – Section 26.07(2), calendar (earlier calendar removed)
AMENDED: September 16, 2003 – Section 26.05
AMENDED: December 17, 2003 – Section 26.10
AMENDED: June 12, 2004 – Section 26.20(1,2,3,5,6,7) repealed
AMENDED: August 22, 2004 – Section 26.15
AMENDED: August 22, 2004 – Section 26.07(1), calendars
AMENDED: August 22, 2004 – Section 26.07(2), calendars
AMENDED: August 28, 2005 – Section 26.07(1), calendar
AMENDED: August 28, 2005 – Section 26.07(2), calendar
AMENDED: July 24, 2006 – Section 26.07(1), calendar
AMENDED: July 24, 2006 – Section 26.07(2), calendar
AMENDED: July 24, 2006 – Section 26.12
AMENDED: July 29, 2007 – Section 26.07(2), calendar
AMENDED: July 29, 2007 – Section 26.07(1), calendar
AMENDED: January 27, 2008 – Section 26.30
AMENDED: July 22, 2008 – Section 26.07(1), calendar
AMENDED: July 22, 2008 – Section 26.07(2), calendar
AMENDED: July 20, 2009 – Section 26.07(1), calendar
AMENDED: July 20, 2009 – Section 26.07(2), calendar
AMENDED: September 21, 2009 – Section 26.19
AMENDED: August 23, 2010 – Section 26.07(1), calendar
AMENDED: August 23, 2010 – Section 26.07(2), calendar
AMENDED: August 22, 2011 – Section 26.07(1), calendar
AMENDED: August 22, 2011 – Section 26.07(2), calendar
AMENDED: July 23, 2012 – Sections 26.07(2), calendar, 26.10, 26.12, 26.19
AMENDED: December 8, 2012 – Section 26.19(2) added (EMERGENCY, Expires 03/08/13)
AMENDED: July 25, 2013 – Sections 26.07(1)(2), 26.10, 26.19, 26.40 added, calendar
AMENDED: July 8, 2014 – Sections 26.07(1)(2), 26.19(1) amended; Section 26.20 deleted; Section
AMENDED: 26.40(1-3) amended & added, calendar
AMENDED: August 8, 2015 – Sections 26.07(1)(2), 26.19(1) amended, Section 26.50 added, calendars
AMENDED: July 12, 2016 – Sections 26.07, 26.19 amended and calendars
AMENDED: August 7, 2017 – Sections 26.07, 26.19 amended and calendars
AMENDED: August 21, 2018 – Sections 26.07, 26.19, 26.20, 26.50 calendars
AMENDED: July 17, 2019 – Sections 26.07, 26.19, 26.40, calendars
AMENDED: August 29, 2020 – Sections 26.07, 26.19, calendars
AMENDED: August 20, 2021 – Sections 26.07, 26.19, calendars
AMENDED: August 16, 2022 – Sections 26.07, 26.19, calendars
AMENDED: August 20, 2023 – Sections 26.07, 26.19, calendars
AMENDED: October 6, 2024 – Sections 26.07, 26.12, 26.19, 26.40, 26.50, calendars
AMENDED: September 30, 2025 – Sections 26.07, 26.19, 26.50, calendars,
NON-SUBSTANTIVE CORRECTIONS: September 26, 2025 – accessibility issues were resolved by agency; edits also made
NON-SUBSTANTIVE CORRECTIONS: by agency (addition of page numbers, rule history information)
AMENDED: August 19, 2026 – Section 26.01, 26.07, 26.19, Appendices A-C: calendars – filing 2026-188

Chapter 27 Sea Cucumbers

Code Me. R. 13-188 Ch. 27 Sea Cucumbers {#sec-13-188-ch.-27 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 27}

TITLE INDEX

27.01 Sea Cucumber Drag Size Restrictions

27.02 Nighttime Harvesting Prohibition

27.03 Sea Cucumber Endorsement and Reporting Regulations

27.05 Definitions

27.01 Sea Cucumber Drag Size Restrictions

Drag configuration. It shall be unlawful to possess on any vessel fishing for sea cucumbers, or to fish for or take sea cucumbers with, any drag having the following configurations:

Drag width exceeding 5 feet, 6 inches, measured from the extreme outside edge to extreme outside edge, consistent with 12 M.R.S.A. §6812(1);

Drag total length in excess of twenty-two feet (22’), measured from the top of the head bail to the terminal end; and,

A drag head bail that is constructed of greater than one and one-half inch (1 ½”) round steel stock.

27.02 Nighttime Harvesting Prohibition

It shall be unlawful to fish for or take sea cucumbers during the nighttime hours between sunset (as defined in 12 M.R.S.A. §6001 46) and sunrise (as defined in 12 M.R.S.A. §6001 45) within Maine's territorial seas.

27.03 Sea Cucumber Endorsement and Reporting Regulations

Reporting required: See Chapter 8.20(2) Landings Program

Incidental take; unlawful to land or sell. It shall be unlawful to fish for or take sea cucumbers by any method unless the license holder is aboard the vessel in accordance with 12 M.R.S.A. §6801-A.

Exception. No violation of this regulation shall occur if the sea cucumber is immediately liberated alive.

27.05 Definitions

Head bail. “Head bail” means that portion of the drag, which is the framework that is attached to the towing cable and holds the bag portion of the drag.

INDEX

EFFECTIVE DATE:

October 10, 1994 – Sections 27.01, 27.02 (EMERGENCY) – filing 94-414

April 2, 1995 – Sections 27.01, 27.02 – filing 95-143

EFFECTIVE DATE (ELECTRONIC CONVERSION):

February 24, 1997

NONSUBSTANTIVE CORRECTIONS:

February 25, 2000 - converted to MS Word

AMENDED:

March 18, 2000 – Section 27.03 added – filing 2000-93

September 23, 2000 – Section 27.01(A) amended; Section 27.05 added – filing 2000-406

NONSUBSTANTIVE CORRECTIONS:

February 14, 2001 – restored the missing word "any" to read "any drags" in 27.01(A) first

paragraph

AMENDED:

December 17, 2003 - Section 27.03(F) – filing 2003-467

NONSUBSTANTIVE CORRECTIONS:

April 28, 2004 – spelling correction in Section 27.01(A) first paragraph

April 12, 2005 – history notes

AMENDED:

July 24, 2006 – Section 27.03 – filing 2006-338

NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:

September 3, 2026

Chapter 28 Marine Worms

Code Me. R. 13-188 Ch. 28 Marine Worms {#sec-13-188-ch.-28 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 28}

TITLE INDEX

28.01 Sunday Digging Prohibited

28.10 Marine Worm Dealer Reporting

28.01 Sunday Digging Prohibited

It shall be unlawful for any person to dig or take, from the shores or flats of the State of Maine, more than 50 marine worms from midnight Saturday to midnight Sunday of each week.

28.10 Marine Worm Dealer Reporting

See Chapter 8.10(D) Landings Program.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §6171
EFFECTIVE DATE: December 29, 1978 – not listed in SOS index, nor is there any record in the DMR hard file
AMENDED: September 15, 1980 – Section 28.02, repealed
AMENDED: March 24, 1982 – Section 28.10
EFFECTIVE DATE (ELECTRONIC CONVERSION): February 24, 1997
AMENDED: August 28, 1999 – Section 28.01; converted to MS Word
NONSUBSTANTIVE CORRECTIONS: November 16, 1999 - section numbers corrected and rearranged
AMENDED: December 17, 2003 - Section 28.10 – filing 2003-467
AMENDED: July 8, 2014 – Section 28.01 – filing 2014-139
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 29 Seaweed

Code Me. R. 13-188 Ch. 29 Seaweed {#sec-13-188-ch.-29 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 29}

TITLE INDEX

29.01 Definitions

29.05 Harvesting Restrictions for Rockweed

29.10 Reporting of Seaweed Harvesting and Seaweed Buyer’s Surcharge

29.01 Definitions

Lateral branches. “Lateral branches” are branches that fork from the stalk or main axis of the seaweed.

Holdfast. The “holdfast” is the base of the seaweed plant that attaches the seaweed to the substrate.

29.05 Harvesting Restrictions for Rockweed

The seaweed Ascophyllum nodosum, also known as rockweed, must be harvested according to the following criteria:

The lowest lateral branches shall remain undisturbed and attached to the main stalk of the rockweed that is attached to the substrate; and

A minimum of 16 inches of the rockweed shall remain above the holdfast.

29.10 Reporting of Seaweed Harvesting and Seaweed Buyer’s Surcharge

See Chapter 8, Landings Program.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §§ 6171-A, 6803, 6807, 6856
EFFECTIVE DATE: October 22, 2000
NONSUBSTANTIVE CORRECTIONS: February 14, 2001 – punctuation of statutory references
AMENDED: December 17, 2003 – Section 29.10 – filing 2003-467
AMENDED: December 21, 2009 – Section 29.10 – filing 2009-666
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 30 River Herring

Code Me. R. 13-188 Ch. 30 River Herring {#sec-13-188-ch.-30 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 30}

TITLE INDEX

30.01 Definitions

30.02 Limits on River Herring

30.03 Taking of River Herring from Walker’s Brook

30.04 Taking of River Herring in the Town of Orland

30.05 Taking of River Herring in Georges River

30.06 Taking of River Herring in the Damariscotta River

Definitions

In addition to the definitions set forth in 12 M.R.S. §6001, the following definitions shall apply in interpretation of Chapter 30:

River herring. “River herring” means the species Alosa pseudoharengus commonly called alewife, and Alosa aestivalis, commonly called blueback herring.

Limits on River Herring

Beginning January 1, 2012 it shall be unlawful for any person to take, possess, harvest or sell river herring in the State of Maine or in waters under the jurisdiction of the State of Maine

Exceptions:

River herring fishing rights. A municipality or an individual with existing river herring harvest rights granted by the Commissioner in accordance with 12 M.R.S. §6131 are not subject to Chapter 30. The Commissioner may authorize a future river herring fishery, authorized pursuant to 12 M.R.S. §6131, after submission of a sustainable fisheries management plan for that fishery by the Department, which is approved by the Atlantic States Marine Fisheries Commission (ASMFC) Management Board.

Individuals holding a valid license issued under 12 M.R.S. §6851 may buy, sell, ship or transport river herring obtained from a municipality or individual with river herring harvest rights granted by the Commissioner in accordance with 12 M.R.S. §6131. Individuals may buy river herring from a municipality or individual with river herring rights, or an individual holding a valid license issued under M.R.S. §6851, but must produce a bill of sale indicating amount of fish purchased, date of purchase, and river of origin if requested by marine patrol, and may sell those river herring in the retail trade.

Tolerance for river herring as bycatch in fisheries conducted outside Maine territorial waters. No person may possess fish where more than 5% of the total by count is comprised of river herring. The 5% tolerance by count will be determined by examination of ½ bushel chosen at random by marine patrol from the bulk pile. The number of fish in the sample will be separated by species to obtain a count of river herring verses other species. The total number of river herring in the sample will be divided by the total number of fish in the sample to determine the percent composition of river herring caught.

Recreational fishing limit. Beginning January 1, 2012 an individual may take up to 25 river herring per day for recreational or personal use. If a municipality or individual has obtained exclusive river herring harvesting rights under 12 M.R.S. §6131, an individual may only take alewives for recreational or personal use if it is in accordance with the municipal harvest plan submitted annually to the Department by the municipality.

Methods for taking river herring are limited to hook and line and dip net. The possession limit is 25 fish per individual. Individuals must be properly registered or licensed.*

Registry or license information is available at DMR Licensing Division, 21 State House Station, Augusta, Maine 04333-0021, Telephone (207) 624-6550 or online at the following web link: http://maine.gov/saltwater .

Pilot project. The Commissioner may authorize the harvest of river herring, subject to any necessary limitations, in the following locations as part of a Pilot Project approved by the Atlantic States Marine Fisheries Commission Shad and River Herring Management Board for river herring runs which do not currently have an approved sustainable fisheries management plan.

Sewell Pond, Arrowsic

Wight’s Pond, Penobscot

Center Pond, Phippsburg

This exemption expires December 31, 2025.

30.03 Taking of River Herring from Walker's Brook

Except from May 15^th through June 5^th, it shall be unlawful for any person to take, in any manner, river herring from the waters of Walker's Brook, so-called, that runs between Walker's Pond and the Bagaduce River in the Towns of Brooksville and Sedgewick.

30.04 Taking of River Herring in the Town of Orland

The St. Regis Paper Company or its successors shall be required from the 15^th day of April to the first day of December of each year, at their own expense, to keep the fishways at the lower and upper dams of the Eastern River in repair and in such order at all times so that the passage of said fish into, or out of, Lake Alamoosook, so called, will not be hindered.

30.05 Taking of River Herring in Georges River

It shall be unlawful to construct, set, maintain or use any net or seine in the water of Georges River above a line drawn from Hooper's Point in the Town of St. George, westerly past the northerly end of Caldwell's Island to a point opposite on the shore in the town of Cushing, for the purpose of taking or catching river herring between April 1^st and July 15^th. Nothing herein shall be construed to abridge or affect in any manner the rights and privileges now held by law by the Town of Warren in the river herring fishing in the said Georges River.

Between April 20^th and June 15^th of each year no one shall fish, disturb or molest the river herring, or operate any boat within 1,000 feet of the river herring trap, located approximately 500 feet south of the Lower Warren Village Bridge on the Georges River.

30.06 Taking of River Herring in Damariscotta River

It shall be unlawful to construct, set, maintain, or use any net, weir, seine or other device, in the waters of the Damariscotta River, northerly of the bridge between the Villages of Newcastle and Damariscotta, for the purpose of taking or catching river herring. No one shall fish, disturb or molest the river herring in any way, west of the railroad bridge, from April 20^th to June 15^th. Nothing herein shall be construed to abridge nor affect in any manner the rights and privileges now held by law by the Towns of Newcastle and Nobleboro in the river herring fishery in the said Damariscotta River.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §6171
EFFECTIVE DATE: P&SL 1959, c. 155, §38 – Section 30.01. This section is subject to the Revised Statutes, Title
EFFECTIVE DATE: 12, Section 6131, as amended.
EFFECTIVE DATE: P&SL 1969, c. 254, §2 – Section 30.01
EFFECTIVE DATE: P&SL 1959, c. 155 §40 – Section 30.02
EFFECTIVE DATE: P&SL 1959, c. 155, §42 – Section 30.03
EFFECTIVE DATE: P&SL 1959, c. 155, §43 – Section 30.04
EFFECTIVE DATE: P&SL 1969, c. 254, §2 – Section 30.04
EFFECTIVE DATE: P&SL 1959, c. 155, §54 - Section 30.05. This section is subject to the Revised Statutes of
EFFECTIVE DATE: 1964, Title 12, Section 3708, as amended.
EFFECTIVE DATE: P&SL 1969, c. 105 – Section 05 P&SL 1969, c. 254, §2 – Section 30.05
EFFECTIVE DATE: P&SL 1959, c. 155, §64 – Section 30.06. This section is subject to the Revised Statutes of
EFFECTIVE DATE: 1964, Title 12, Section 3708, as amended.
EFFECTIVE DATE: P&SL 1969, c. 19 – Section 30.06
EFFECTIVE DATE: P&SL 1969, c. 254, §2 – Section 30.06
EFFECTIVE DATE: P&SL 1959, c. 155, §106 – Section 30.07
EFFECTIVE DATE: P&SL 1959, c. 155, §130-A – Section 30.08
EFFECTIVE DATE: P&SL 1973, c. 44 – Section 30.08
EFFECTIVE DATE (ELECTRONIC CONVERSION): February 24, 1997
NON-SUBSTANTIVE CORRECTIONS: February 25, 2000 - converted to MS Word
AMENDED: May 9, 2002 – Section 30.02 (EMERGENCY, Expires August 7, 2002) – filing 2002-138
AMENDED: June 24, 2002 – Section 30.02
AMENDED: April 11, 2012 – Entire Chapter – filing 2012-101
AMENDED: March 15, 2020 – Section 30.02(D) – filing 2020-041
AMENDED: March 13, 2021 – Section 30.02 – filing 2021-056
AMENDED: October 31, 2021 – Section 30.03 – filing 2021-220
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 31 Horseshoe Crabs

Code Me. R. 13-188 Ch. 31 Horseshoe Crabs {#sec-13-188-ch.-31 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 31}

TITLE INDEX

31.05 Horseshoe Crabs – Permit and Reporting Requirements

31.10 Horseshoe Crabs – Daily and Possession Limits

31.05 Horseshoe Crabs - Permit and Reporting Requirements

It is unlawful to take horseshoe crabs without a permit from the Commissioner. A permit may be obtained, without charge, upon request to the Department of Marine Resources, State House Station 21, Augusta, Maine 04333-0021.

Reporting: See Chapter 8.20(D) Landings Program.

31.10 Horseshoe Crabs - Daily and Possession Limits

It is unlawful to take more than 25 horseshoe crabs per person per day.

It is unlawful to possess more than 25 horseshoe crabs per person.

Exception. This regulation does not prohibit the possession of horseshoe crabs lawfully imported from other jurisdictions provided the origin of horseshoe crabs is documented.

It is unlawful to take, kill or possess horseshoe crabs or eggs taken in or from Maine waters, or to intentionally kill or injure horseshoe crabs or eggs in or from Maine waters, between May 1^st and October 30^th, both dates inclusive.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. § 6171
EFFECTIVE DATE: November 19, 2000 – Sections 31.05, 31.10 – filing 2000-502
AMENDED: June 27, 2003 - Sections 31.05, 31.10 (EMERGENCY) – filing 2003-199
NONSUBSTANTIVE CORRECTIONS: August 13, 2003 – Section 31.05 title; Section 31.05(A) punctuation
AMENDED: September 26, 2003 – Reverted to Non-Emergency Version
AMENDED: December 17, 2003 – Section 31.05(A,B) added – filing 2003-467
AMENDED: April 27, 2004 – Section 31.10(C) – filing 2004-138
NONSUBSTANTIVE CORRECTIONS: April 13, 2005 – history notes only
NONSUBSTANTIVE CORRECTIONS: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
NONSUBSTANTIVE CORRECTIONS: September 3, 2026

Chapter 32 Eel Regulations

Code Me. R. 13-188 Ch. 32 Eel Regulations {#sec-13-188-ch.-32 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 32}

TITLE INDEX

32.01 Definitions

32.02 Elver Harvest Reporting Requirements

32.03 Harvesting Regulations

32.05 Area Closures – Eel Fishing

32.07 Elver Harvesting Limitations; Gear

32.35 Elver Quota System for 2026 Elver Season

32.36 Temporary Medical Transfer

32.40 Elver Transaction Cards

32.41 Elver Dealer Transaction Card

32.42 Elver Dealer Limitations and Requirements

32.43 Elver Exporter Requirements

32.45 Elver Record Keeping

32.50 Elver Dealer Meeting to Prepare for the Elver Season

32.60 Transport of Elvers Through the State of Maine

32.01 Definitions

For the purposes of compliance with this chapter:

Eel. An “eel” means a member of the species Anguilla rostrata in that stage of its life cycle when it is 9 inches or more in length.

Elver. An “elver” means a member of the species Anguilla rostrata that will pass through a 1/8” non-stretchable mesh net.

Pigmented eel. A “pigmented eel” means a member of the species Anguilla rostrata in that stage of its life cycle when it will not pass through a 1/8” non-stretchable mesh but is less than 9 inches in length.

Fishing day. “ Fishing day” means from 12:00 p.m. local time until 11:59 a.m. local time the following day.

Transaction card. “ Transaction card” means a physical device or other Department approved technology provided for the purpose of recording elver transactions.

32.02 Elver Harvest Reporting Requirements

See Chapter 8.10(C) Landings Program.

Harvesting Regulations

Elvers

Area closures. It shall be unlawful to fish for, take or possess elvers in the following areas:

Camden Harbor. Upstream of a line drawn from the northernmost point of the granite pier of the Camden Town Landing, to the southernmost point of the granite wall that borders on the northern side of the Megunticook River.

Franklin. By any means other than dip net, from May 1^st to May 31^st of any year within 327 feet (109 yards) downstream of the bridge that crosses Mill Brook on the Grist Mill Road in the town of Franklin.

Bangor. In the Penobscot River upstream of a line approximately 3100 feet downstream of where the Veazie dam once existed. The line will run on the downstream side of the Bangor Water District Pipeline crossing and will be identified by red posts on both sides of the river. The eastern end of the closure line will be identified by a red post located in front of the Eddington Salmon Club. The closure line will run in a westerly direction across the river and be identified by a second red post located in the town of Veazie.

Brewer. In the Sedgeunkedunk Stream upstream of the Route 15 crossing.

Bangor. In the Kenduskeag Stream upstream of the Harlow Street bridge.

Bangor. In the Peniajawoc Stream upstream of the Route 2 crossing

Ellsworth. In Card’s Brook upstream of the Route 230 crossing.

Tremont. In Seal Cove upstream of the Route 102-A bridge.

Gardiner. Within the Kennebec River, bounded on the northern side by the northern side of the Gardiner-Randolph bridge, and on the southern side by the southernmost end of the Gardiner seawall to a red painted post located on eastern shore of the Kennebec River directly across from the seawall. Cobbosseecontee Stream is closed to fishing for, taking, or possessing elvers from its confluence with the Kennebec River and all waters upstream.

[REPEALED].

Authorized activities of unlicensed crew members

The holder of an elver fishing crew license who is authorized to fish using a dip net may engage one unlicensed crew member to assist with the activities associated with fishing for elvers under the direct supervision of the license holder. The unlicensed crew member may possess elvers when the license holder is present. It is unlawful for an unlicensed crew member to fish for, take, or sell elvers.

The holder of an elver fishing crew license who is authorized to fish using an elver fyke net may engage one unlicensed crew member to assist with activities associated with fishing for elvers under the direct supervision of the license holder. The unlicensed crew member may possess elvers when the license holder is present and may assist with tending the gear of the license holder when the license holder is present. It is unlawful for an unlicensed crew member to sell elvers.

Elver fyke net and sheldon eel trap tending requirement.An elver fyke net or Sheldon eel trap set in any tidal river, brook, stream or other watercourse must be tended and the contents of the net/trap removed at least once every 16 hours. An elver license holder who fails to remove the contents of their net/trap, at least once every 16 hours, is in violation of the tending requirement.

Eels

Pursuant to 12 M.R.S. §6575-E, it shall be unlawful for a person to fish for or take eels by any method other than eel pot, except that a person may fish for or take for personal use up to 25 eels per day from the coastal waters of the state by spear gun, harpoon, or hook and line and possess and transport such eels that person has so lawfully taken.

It shall be unlawful to fish for, take, possess, or transport elvers unless properly licensed under, and in accordance with 12 M.R.S. §6505-A, §6302-A, §6864, or §6865. It shall be unlawful to fish for, take, possess, or transport pigmented eels, except that eel and elver harvesters, licensed in accordance with 12 M.R.S. §6505‑A, §6505-C, and §6302-A, shall not be in violation when encountering pigmented eels as “by-catch”, provided that the pigmented eels are immediately released upon culling the catch at the harvest location.

Any person holding an eel harvesting license issued under 12 M.R.S. §6505-C or 6302-A shall comply with the following regulations:

Eel pots must be marked with a buoy. Two or more pots may be placed upon a single line with a single buoy.

All eel pots must be clearly labeled with the owner’s eel license number on the buoy.

Eel pots must be placed in such a manner so as to not obstruct boat launch areas, swimming areas, or to create hazards to navigation.

Eel pots must not be baited with live fish.

All eel pots must be tended at least twice a week. Any animals other than eels captured in the pots shall be immediately released unharmed.

Captains and mates involved in party/charter (for hire) employment on party/charter (for-hire) activities may possess 50 eels each for bait purposes during fishing.

Captains involved in party/charter (for hire) activities may possess up to 100 eels each in shoreside cars.

32.05 Area Closures – Eel Fishing

Kennebec River and Cobbosseecontee Stream. It shall be unlawful to fish for or take eels from the Kennebec River bounded on the northern side by the northern side of the Gardiner-Randolph bridge, and on the southern side by the southernmost end of the Gardiner seawall to a red painted post located on eastern shore of the Kennebec River directly across from the seawall. Cobbosseecontee Stream is closed to fishing for, taking, or possessing eels from its confluence with the Kennebec River and all waters upstream.

32.07 Elver Harvesting Limitations; Gear

It is unlawful for a person to fish for or take elvers by any method other than dip net, unless authorized to fish for or take elvers by elver fyke net or Sheldon eel trap pursuant to 12 M.R.S. §6575-B sub-§2-B, or by elver fyke net pursuant to 12 M.R.S. §6302-A sub-§3 E, E-1, F, or G.

32.35 Elver Quota System for 2026 Elver Season

The total allowable catch of elvers for 2026 for individuals licensed to fish for elvers under 12 M.R.S. §§6505-A and 6302-A is 9,688 lbs.

The total allowable catch of elvers for individuals licensed to fish for elvers established in accordance 12 M.R.S. §6505-A(3-A)(B) for 2026 is 7,566 lbs.

The total allowable catch of elvers for individuals licensed to fish for elvers under §6302-A, established in accordance with 12 M.R.S. §6505-A(3-A)(C) for 2026 is 2,122 lbs. A total of 2,122 lbs. allowable catch is allocated pursuant to 12 M.R.S. §6302-B, subsection 1 as follows:

1300.78 lbs. to the Passamaquoddy Tribe

620 lbs. to the Penobscot Nation

107 lbs. to the Houlton Band of Maliseet Indians

39 lbs. to the Aroostook Band of Micmac Indians

55.22 lbs. was deducted from the amount of quota allocated to the Passamaquoddy Tribe for 2026 to compensate for the overage in their 2025 quota, in accordance with §6302-B.

An individual licensed to fish for elvers under 12 M.R.S. §6505-A(1) will be allocated an elver individual fishing quota based on the following process. The Department will:

Determine each license holder’s allocation for the 2025 fishing season.

Deduct any quota associated with licenses that were suspended for the duration of the 2025 season, but which will be eligible to harvest in the 2026 season.

Calculate the poundage that would be allocated to license holders suspended for the duration of the 2026 elver season and for licenses not renewed in 2025 that is in excess of the quota needed to allocate to any new license holders authorized to fish in 2026 through the elver license lottery, and distribute that poundage equally across all other license holders.

Round to the nearest tenth of a pound.

The license holder will be notified of his or her individual quota in writing and transaction cards distributed in a manner determined by the Department.

An individual licensed under 12 M.R.S. §§ 6505-A and 6302-A may not possess or sell in any combination, an amount of elvers that exceeds that individual’s elver individual fishing quota.

The Department will deactivate the transaction card of any individual who has sold or possessed in any combination an amount of elvers equal to or in excess of the elver individual fishing quota that individual has been allocated.

A law enforcement officer may seize the transaction card of any individual who has exceeded their elver individual fishing quota by possessing or selling in any combination an amount of elvers that exceeds that individual’s elver fishing quota.

32.36 Temporary Medical Transfer

Consistent with the requirements provided in 12 M.R.S. §6575-L, the Commissioner may authorize the holder of an elver fishing license to fish for, take and sell the elver quota allocated to another elver license holder, upon request of the license holder to whom that quota was originally allocated (the “transferor”) when a substantial illness or medical condition prevents that individual from fishing.

The transferor shall specify to the Commissioner whether they want their remaining quota to be transferred to the other license holder’s quota, or whether they want the other license holder to harvest and sell the quota using the transaction card of the transferor.

If the transferor selects to have another elver license holder harvest their elvers using the transferor’s transaction card, that elver license holder must have that transaction card in their possession whenever they are harvesting elvers on behalf of the transferor.

The transferor may designate only one other elver license holder to receive their quota or harvest their elvers.

If the transferor’s request to have another elver license holder receive the transferor’s quota is approved, all of the transferor’s quota that remains unharvested at the time the request was made will be transferred, in its entirety. If the transferor’s request to have the other elver license holder harvest and sell their remaining quota using the transferor’s transaction card is approved, all of the transferor’s quota that remains unharvested at the time the request was made must be harvested by the other elver license holder.

32.40 Elver Transaction Cards

Eligibility. In order to be eligible for an elver transaction card, the individual must be licensed according to 12 M.R.S. §6505-A or 12 M.R.S. §6302-A. Valid transaction cards may only be issued by the Department of Marine Resources.

Use. It shall be unlawful for a licensed elver harvester to sell or transfer elvers (or glass eels) the license holder has caught to an elver dealer licensed under 12 M.R.S. §6864, unless he/she presents a DMR-issued transaction card to the elver dealer during each transaction and that card is used to document the transaction. Transaction cards may only be used to sell elvers which were harvested by the individual identified on the transaction card. A law enforcement officer may seize the transaction card of an individual who has used their transaction card to sell elvers they did not harvest.

32.41 Elver Dealer Transaction Card

A person licensed in accordance with 12 M.R.S. §6864 shall be eligible to obtain an elver dealer transaction card for the primary facility named on the license and for each supplemental license. Elver dealer transaction cards may only be issued through the Maine Department of Marine Resources.

A person licensed in accordance with 12 M.R.S. §6864 must utilize an elver dealer transaction card to record all sales, purchase, or transfer transactions involving another license issued in accordance with 12 M.R.S §6864 and must provide all information required by the transaction card system. It is unlawful for a person licensed in accordance with 12 M.R.S. §6864 to sell, buy, or transfer elvers in any transaction involving another license issued in accordance with 12 M.R.S §6864 without utilizing an Elver Dealer Transaction Card. A person licensed in accordance with 12 M.R.S. §6864 must have an operational internet connection when using the elver dealer transaction card to buy or sell or transfer or transport elvers.

A person licensed in accordance with 12 M.R.S. §6864 shall maintain transaction card documentation to account for all elvers in their possession. Failure to provide proper documentation will be prima facie evidence that the elvers are illegal and are subject to seizure.

32.42 Elver Dealer Limitations and Requirements

No more than one elver dealer license holder may engage in the activities authorized by the elver dealer license at a single physical address.

When selling or transferring elvers from a vehicle to facility, it is unlawful to sell or transfer any amount of elvers less than the full amount of elvers present on the vehicle.

32.43 Elver Exporter Requirements

Forty-eight (48) hours prior to preparing elvers for export out of the state, the elver export license holder must notify the Maine Marine Patrol of their intention to prepare a shipment of elvers for export.

The elver export license holder must make arrangements for Maine Marine Patrol to be present when they are preparing the elvers for shipment. A Maine Marine Patrol Officer must be present to witness the weighing and packing of the elvers for export.

Upon completion of the packing of the elvers for export out of the state of Maine, the Marine Patrol Officer will seal the shipment of elvers. Seals must remain intact and untampered with until the elvers reach their destination for shipment out of the country. The absence of a seal, or a seal that has been broken or otherwise shows signs of having been tampered with is prima facie evidence that the elvers are illegal and subject to seizure.

The Marine Patrol Officer will mark the package of elvers with weight of the elvers contained within the package and the total weight of the package. If this information is not on the package, it is prima facie evidence that the elvers are illegal and subject to seizure.

The fee for the inspection of a shipment of elvers for export is $500 per export event. The elver export license holder requesting the inspection must pay the fee to DMR within 2 business days of the completion of the elver export inspection. No additional exports may be authorized until the fee from the prior export event has been paid in full.

32.45 Elver Record Keeping

Elver dealers must maintain paper records pertaining to all elver purchases and shipments. These records must be made available to the Department upon request and must comply with the following:

- 1. Each license holder must have a business address at which the records are maintained; 2. The records must be complete, accurate and legible; 3. The records must be sufficient to allow each purchase and shipment of elvers to be tracked by date of purchase from harvester, harvester name and landings number, who the elvers were sold to. 4. The records must be retained for a minimum of three years.

DMR provided reporting software must be synchronized for updates to the reporting system prior to the purchase of elvers on each fishing day as defined in Chapter 32.01(4).

32.50 Elver Dealer Meeting to Prepare for the Elver Season

The commissioner may hold a mandatory elver dealer meeting in advance of the elver season. If a meeting is held, any individual licensed under 12 M.R.S. §6864 or §6865, and any authorized representative of a license holder must attend a meeting held at the Department offices in Augusta. Notice of the date and time of the meeting will be emailed to the address provided by the license holder on their license application and posted to the DMR website. If an individual licensed under 12 M.R.S. §6864 does not attend the meeting, a marine patrol officer may seize any recording equipment issued by the Department to the individual licensed under 12 M.R.S. §6864.

32.60 Transport of Elvers Through the State of Maine

A person may not possess elvers harvested outside the State of Maine, except that elvers legally harvested outside the State of Maine may be transported through the State under the authority of the laws of the United States. Elvers transported through the State must be accompanied by a bill of lading that identifies the product amount by weight and the origin of the product. Elvers transported through the State must remain in the transport vehicle and may not be commingled with Maine elvers.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §§6171, 6505-A
EFFECTIVE DATE: April 17, 1995 – Section 32.10 (EMERGENCY, Expires July 15, 1995)
AMENDED: March 31, 1998 – Sections 32.02, 32.03
AMENDED: May 4, 1998 – Section 32.10 (EMERGENCY, Expires August 2, 1998)
AMENDED: February 27, 1999 – Section 32.15 added
AMENDED: March 24, 1999 – Section 32.11 (EMERGENCY, EXPIRED June 22, 1999)
AMENDED: March 18, 2000 – Section 32.11
AMENDED: November 19, 2000 – Sections 32.02(1), 32.04 added
AMENDED: February 26, 2001 – Section 32.20 added
AMENDED: February 9, 2002 – Section 32.15
AMENDED: October 21, 2002 – Section 32.06 added
AMENDED: December 17, 2003 – Sections 32.02, 32.04
AMENDED: March 20, 2006 – Section 32.12
AMENDED: February 25, 2008 – Section 32.20 repealed
AMENDED: November 14, 2012 – Section 32.30 added
AMENDED: December 18, 2013 – Sections 32.01, 32.03, 32.05, 32.06 amended; Sections 32.40, 32.45
AMENDED: added; Sections 32.11, 32.12, 32.15 repealed
AMENDED: March 21, 2014 – Section 32.03(1)(B) added (EMERGENCY, Expires June 18, 2014)
AMENDED: March 26, 2014 – Section 32.03(1)(B) deleted; Sections 32.03(1)(C)(D), 32.35, 32.50, 32.55
AMENDED: added (EMERGENCY, Expires June 23, 2014)
AMENDED: March 29, 2014 – Section 32.35(D) amended (EMERGENCY, Expires June 26, 2014)
AMENDED: May 6, 2014 – Section 32.01, 32.45 amended, 32.60 added (EMERGENCY, Expires
AMENDED: August 3, 2014)
AMENDED: March 9, 2015 – Section 32.45 amended; Sections 32.01(4), 32.03(1)(B,C), 32.35, 32.41,
AMENDED: 32.50, 32.60 added
AMENDED: May 8, 2015 – Section 32.07 added (EMERGENCY, Expires August 6, 2015)
AMENDED: March 2, 2016 – Sections 32.03, 32.06, 32.30, 32.35
AMENDED: March 12, 2017 – Sections 32.35, 32.40(2), 32.50
AMENDED: March 19, 2018 – Sections 32.05, 32.35
AMENDED: May 24, 2018 – Section 32.65 (EMERGENCY, Expires August 22, 2018)
AMENDED: March 13, 2019 – Sections 32.35, 32.41(2), 32.42, 32.43, 32.50
AMENDED: March 15, 2020 – Sections 32.35, 32.43(5), 32.50
AMENDED: March 22, 2020 – Section 32.03 (EMERGENCY)
AMENDED: March 29, 2020 – Section 32.03 (EMERGENCY amended)
AMENDED: March 13, 2021 – Sections 32.03, 32.35
AMENDED: March 13, 2022 – Sections 32.01(5), 32.35
AMENDED: March 18, 2023 – Section 32.35
AMENDED: March 19, 2024 – Sections 32.03, 32.35, 32.36 added
AMENDED: March 18, 2025 – Sections 32.03, 32.35
AMENDED: March 17, 2026 – Section 32.35 – filing 2026-064
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 34 Groundfish Regulations

Code Me. R. 13-188 Ch. 34 Groundfish {#sec-13-188-ch.-34 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 34}

TITLE INDEX

34.01 Definitions

34.02 Methods of Mesh Measurement

34.03 Groundfish Spawning Closures

34.04 Groundfish Gear Restrictions

34.05 Commercial Groundfish Restrictions

34.06 Recreational Groundfish Restrictions

34.07 Atlantic Halibut ( Hippoglossus hippoglossus )

34.08 Whiting/Silver Hake ( Merluccius bilinearis ) Commercial Effort Restrictions

34.01 Definitions

Allocated groundfish species. “Allocated groundfish species” means cod, witch flounder, American plaice, yellowtail flounder, haddock, pollock, winter flounder, redfish, and white hake for the purposes of this management plan.

Bait gillnet. “Bait gillnet” is a gillnet with diamond or square stretch mesh, measuring less than 3.5 inches throughout the entire net, is suspended in the water column, and has a maximum length of 2,000 feet.

Charter or party boat. A “charter or party boat” is any vessel that carries passengers for hire to engage in recreational fishing activities.

Coastal waters. “Coastal waters” means all waters of the State within the rise and fall of the tide out to the limits of the exclusive economic zone as shown on the most recently published Federal Government nautical chart, but does not include areas above any fishway or dam when that fishway or dam is the dividing line between tidewater and fresh water.

Cod end. The “cod end" is the terminal section of a trawl net in which captured fish may accumulate.

Commercial catch. "Commercial catch" means all multispecies taken with any type of gear except multispecies taken for personal use by hand-held hook and line gear or any Atlantic Halibut taken in accordance with Chapter 34.07(4)(E).

Electronic monitoring maximized retention model. The “electronic monitoring maximized retention model” with respect to the groundfish sector monitoring program, means a program in which all eligible trips are electronically monitored; fish must be handled in view of cameras; allowed discarding must occur at controlled points in view of cameras; all allocated groundfish species stocks must be retained; electronic monitoring is used to verify compliance; and offloads are subject to observation by dockside monitors.

Groundfish. "Groundfish" means all demersal species including but not limited to the following:

Common English Name Scientific Name

Monkfish (Goosefish) Lophius americanus

American Plaice (Dab) Hippoglossoides platessoides

Atlantic Cod Gadus morhua

Atlantic Halibut Hippoglossus hippoglossus

Atlantic Searobins Prionotus spp.

Atlantic Tomcod Microgadus tomcod

Atlantic Wolfish Anarhichas lupus

Cunner Tautogolabrus adspersus

Cusk (Tusk) Brosme brosme

Greenland Halibut Reinhardtius hippoglossoides

Haddock Melanogrammus aeglefinus

North Atlantic Redfishes Sabastes spp.

Ocean Pout Macrozoarces americanus

Pollock (Saithe) Pollachius virens

Red Hake Urophycis chuss

Redfish Sabastes marinus

Sandeels (Sand Lances) Ammodytes spp.

Sculpins Myoxocephalus spp.

Silver Hake (Whiting) Merluccius bilinearis

Summer Flounder (Fluke) Paralichthys dentatus

White Hake Urophycis tenuis

Windowpane Flounder Scophthalmus aquosus

Winter Flounder (Lemon Sole/Blackback) Pseudopleuronectes americanus

Witch Flounder (Gray Sole) Glyptocephalus cynoglossus

Wolffishes (Catfishes) Anarhichas spp.

Yellowtail Flounder Limanda ferruginea

Marine species. “Marine species” means all marine animals except lobster, shellfish, marine worms, and elvers.

Pectoral length. “Pectoral length” is the measurement taken from the base of the pectoral fin where it joins the fish’s body to the tip of the fish’s tail.

Recreational fishing. "Recreational fishing" means fishing that is not intended to, nor does it result in the barter, trade, or sale of fish.

Recreational fishing vessel. A “Recreational fishing vessel” means any vessel from which no groundfish harvest other than recreational fishing, is conducted. Charter and party boats are not considered recreational fishing vessels.

Regulated species. "Regulated species" means cod, witch flounder, American plaice, Atlantic halibut, yellowtail flounder, haddock, pollock, winter flounder, windowpane flounder, redfish, ocean pout and white hake for the purposes of this management plan.

Sink gillnet. A “Sink Gillnet” is a gillnet that is fished on or near the bottom in the lower third of the water column.

Territorial waters. “Territorial waters” means all waters of the State within the rise and fall of the tide seaward to the 3-nautical mile line as shown on the most recently published Federal Government nautical chart, but does not include areas above any fishway or dam when that fishway or dam is the dividing line between tidewater and fresh water.

Total length. "Total length" is the measurement taken from the tip of the snout to the tip of the tail.

34.02 Methods of Mesh Measurement

Gillnets. Mesh size of gillnet gear shall be measured by lining up five consecutive knots perpendicular to the float line and, with a ruler or tape measure, measuring ten consecutive measures on the diamond, inside knot to inside knot. The mesh shall be the average of the measurements of ten consecutive measures.

All other nets. Mesh size for nets other than gillnets, shall be measured with a DMR issued net measure which has been certified for accuracy.

Square-mesh measurement. Square mesh in the regulated portion of the net is measured by placing the net gauge along the diagonal line that connects the largest opening between opposite corners of the square. The square mesh size is the average of the measurements of 20 consecutive adjacent meshes from the terminus forward along the long axis of the net. The square mesh is measured at least five meshes away from the lacings of the net.

Diamond-mesh measurements. Diamond mesh in the regulated portion of the net shall be measured in a direction parallel to the long axis of the net. Mesh size is determined by averaging the measurements for a series of 20 consecutive meshes. Mesh measurements must be taken at least five meshes away from the lacings of the net.

34.03 Groundfish Spawning Closures

Boothbay and Sheepscot Bay groundfish closure. It shall be unlawful to fish for or take groundfish with any type of gear, or to possess groundfish so taken, from the following described area from May 1^st through June 30^th of any year:

In Boothbay, Sheepscot Bay, Linnekin Bay and Sheepscot River, in Lincoln and Sagadahoc Counties, starting at the Sloop Ledge navigational buoy C "5", then running in a Southerly direction to the navigational buoy at the Sisters N "4S", then running Southeast to the navigational buoy N "2" at Tom Rock; then continuing on a line true South (180 degrees true) approximately 1.8 miles to a point at position 43 42.06’N / 069 43.06’W intersecting a line drawn from the Mile Ledge Bell Buoy R "20ML" to the Bantam Rock Bell R "2"; then continuing in an Northeasterly direction (067 degrees true) along the line from the Mile Ledge Bell Buoy to the Bantam Rock Bell Buoy approximately 4.5 miles to the Bantam Rock Bell; then Northerly to and along the Western shore of Damariscove Island; then to and along the western shore of Fisherman Island to its Northern tip; then Northerly to the Southern tip of Ocean Point on Linnekin Neck.

Maine groundfish spawning closure. Except for recreational harvest authorized by this chapter, it is illegal to fish for, take, or have in possession groundfish listed under this part during the months of April, May and June. Maine's territorial waters are closed to commercial harvest as follows: All territorial waters west of a line, running 180° magnetic from West Quoddy Head, in Lubec, to the Canadian international border. Commercial ground fishing vessels must have all fishing gear securely stowed and covered when transiting this area during the closed period. The stowage requirements will not apply to vessels secured to or moving between docks or moorings within a harbor.

GROUNDFISH SPECIES

Common English Name Scientific Name

American Plaice (Dab) Hippoglossoides platessoides

Atlantic Cod Gadus morhua

Haddock Melanogrammus aeglefinus

Ocean Pout Macrozoarces americanus

Pollock (Saithe) Pollachius virens

Red Hake Urophycis chuss

Redfish Sebastes fasciatus

Silver Hake (Whiting) Merluccius bilinearis

White Hake Urophycis tenuis

Windowpane Flounder Scophthalmus aquosus

Winter Flounder (Lemon Sole/Blackback) Pleuronectes americanus

Witch Flounder (Gray Sole) Glyptocephalus cynoglossus

Yellowtail Flounder Pleuronectes ferrugineus

** See Also Groundfish harvesting and gear restrictions found in Department of Marine Resources Regulations 55.35 and 55.40.

34.04 Groundfish Gear Restrictions

Except as provided for Atlantic Halibut, It is unlawful to fish commercially in Maine’s territorial waters for any species of groundfish, as defined in Chapter 34.01(6), except in accordance with the following methods and restrictions:

Otter and beam trawl. The minimum mesh size for any otter or beam trawl net on a vessel, or used by any vessel fishing in Maine's territorial waters, shall be 6 inches diamond mesh or 6.5 inches square mesh in the body and wings, and 6.5 inches diamond mesh or square mesh in the cod end.

Gill net. Sink gillnets must have a mesh size of at least 6.5 inches and be labeled with the owner’s commercial fishing license number. Gillnet fishermen may not fish more than fifty sink gillnets at one time. Sink gillnets with mesh measuring less than 6.5 inches are illegal and subject to seizure.

Hooks. The use of hooks on any commercial fishing vessel engaged in tub trawling or long lining shall be 12/0 or greater circle hooks and limited to 250 in number except as provided for Atlantic Halibut in this chapter.

Crucifiers. The use of de-hookers or “crucifiers” with less than 6-inch spacing between the fairlead rollers is prohibited.

34.05 Commercial Groundfish Restrictions

Prohibited species. Vessels are prohibited from retaining, killing or landing Ocean Pout, Windowpane Flounder, and Atlantic Wolffish.

Commercial fishing size restrictions

Unless otherwise specified under this chapter, the minimum fish size applies to the whole fish or any part of a fish while possessed on board a vessel and to whole fish only, after landing. Fish or parts of fish must have skin on while possessed on board a vessel and at the time of landing in order to meet minimum size requirements. “Skin on” means the entire portion of the skin normally attached to the portion of the fish or fish parts possessed.

Minimum fish sizes (total length)

Species Size Inches (cm)

American Plaice (dab) 12 (30.5 cm)

Cod ………………………………………………………………………19 (48.3 cm)

Haddock ………… 16 (40.7 cm)

Monkfish ……………………………………………………………….17 (43.2 cm)

Pollock ………………………………... 19 (48.3 cm)

Redfish ………………………………………………………………….. 7 (17.8 cm)

Summer Flounder 14 (35.6 cm)

Winter Flounder (lemon sole/blackback) 12 (30.48 cm)

Witch Flounder (gray sole) 13 (33.0 cm)

Yellowtail Flounder 12 (30.5 cm)

Minimum size limit exceptions

Except for Atlantic Halibut, each person aboard a vessel may possess up to 25 lb. of fillets that measure less than the minimum size, if such fillets are from legal-sized fish and are not offered or intended for sale, trade, or barter.

Vessels fishing exclusively with pot gear may possess multispecies racks used, or to be used, as bait that measure less than the minimum fish size, if there is a receipt for the purchase of those racks on board the vessel.

Monkfish. Monkfish tails may be removed from the fish but must measure at least 11 inches (27.9 cm).

Vessels participating in the electronic monitoring maximized retention model must retain all fish from each allocated groundfish species, regardless of length, and are therefore exempt from the minimum fish sizes for allocated groundfish species specified in Section 34.05 2(B). Federally permitted Northeast multispecies dealers may possess undersized fish which are landed by vessels participating in the electronic monitoring maximized retention model as long as they clearly identify, mark, or label all containers with fish below the minimum size as containing undersized fish, the fishing vessel from which they were offloaded, and the date of offloading. A receipt must accompany the possession of undersized allocated groundfish originating from the maximized retention model to indicate they were legally obtained. Vessels, or their sector manager, which are participating in the electronic monitoring maximized retention model and plan to land groundfish in Maine must notify Maine DMR when their vessel monitoring plan includes, or removes, the maximized retention model as an electronic monitoring tool and provide a list of Maine dealers which they are authorized to land at as per their vessel monitoring plan.

Commercial fishing possession limits

Winter flounder. It shall be unlawful for persons who do not possess a federal groundfish permit to fish for, take, possess or land more than 500 lbs (226.8 kg) of winter flounder taken from Maine’s territorial waters per vessel, per day.

Atlantic cod. It shall be unlawful for persons who do not possess a federal groundfish permit to fish for, take, possess or land more than 200 pounds (90.7 kg) of cod taken from Maine’s territorial waters per vessel per trip.

Monkfish. It shall be unlawful for persons who do not possess a federal groundfish permit to fish for, take, possess or land more than150 lbs (68 kg) of monkfish tails or 498 lbs (225.9 kg) of whole monkfish taken from Maine’s territorial waters per vessel per trip.

Summer flounder.It shall be unlawful for persons who do not possess a federal groundfish permit to fish for, take, possess or land more than1,000 pounds of summer flounder taken from Maine’s territorial waters per vessel per trip.

When the annual Maine quota for summer flounder is reached it shall be unlawful to fish for, take, or possess summer flounder, (Paralichthys dentatus), aboard any vessel within Maine’s territorial waters. Public notice will be made in a newspaper, with statewide circulation, when the annual quota for summer flounder has been reached. It is unlawful to land summer flounder in the State of Maine that is in excess of the annual quota established by the Atlantic States Marine Fisheries Commission and the Department of Marine Resources.

34.06 Recreational Groundfish Restrictions

Prohibited species. Charter, Party and Recreational vessels and/or recreational fishermen are prohibited from retaining, killing or landing Windowpane flounder, Ocean pout and/or Atlantic Wolffish.

Restrictions on sale. It is unlawful to sell, barter, trade, or otherwise transfer for a commercial purpose, or to attempt to sell, barter, trade, or otherwise transfer for a commercial purpose, groundfish caught or landed by charter, party, or recreational fishing vessels.

Recreational size limits

Persons aboard charter, party and recreational fishing vessels are subject to the following minimum fish sizes:

Minimum Fish Sizes (Total Length)

Species Size Inches (cm)

Cod ……………………………………………..…………………….23 (58.4 cm)

Haddock ……………………………………………………..……..17 (43.2 cm)

American plaice (dab) …………………………………………..14 (35.6 cm)

Monkfish …………………………………………………………….17 (43.2 cm)

Redfish ……………………………………………………………….. 9 (22.9 cm)

Summer Flounder…………………………………………………20 (50.8 cm)

Winter Flounder (blackback) ………………………………….12 (30.5 cm)

Witch Flounder (gray sole) ……………………….…………...14 (35.6 cm)

Yellowtail Flounder ……………………………………………….13 (33.0 cm)

Exceptions. Vessels may possess fillets less than the minimum size specified, if the fillets are taken from legal-sized fish and are not offered or intended for sale, trade or barter. This exception shall not apply to Atlantic Halibut.

Recreational limits and restrictions

Winter flounder. Each person on board a charter, party or recreational fishing vessel may not possess more than 8 Winter Flounder.

Haddock. Each person on board a charter, party vessel, or recreational fishing vessel may not possess more than 15 haddock per day.

Each person on board a charter, party, or recreational fishing vessel shall comply with the following restrictions:

For purposes of counting fish, fillets will be converted to whole fish at the place of landing by dividing the fillet number by two. If fish are filleted into a single (butterfly) fillet, such fillet shall be deemed to be from one whole fish.

Haddock harvested by charter, party, or recreational fishing vessels with more than one person aboard may be pooled in one or more containers. Compliance with the possession limit will be determined by dividing the number of fish on board by the number of persons aboard. If there is a violation of the possession limit on board a vessel carrying more than one person, the owner or operator shall be responsible for the violation.

Haddock must be stored so as to be readily available for inspection.

Haddock may not be possessed on board a charter, party or recreational fishing vessel from March 1^st through March 31^st inclusive.

Summer flounder

Recreational effort restrictions: Summer flounder creel limit and season

It shall be unlawful to take, catch, kill, or possess more than two (2) Summer Flounder per day.

Cod. Each person on board a charter, party or recreational fishing vessel may not possess more than 1 cod per day. Cod may not be possessed on board a charter, party, or recreational fishing vessel from November 1^st through August 31^st, inclusive.

34.07 Atlantic Halibut ( Hippoglossus hippoglossus )

Season for Maine’s territorial waters

The open season to fish for Atlantic Halibut in Maine’s territorial waters shall begin at sunrise May 18^th and end at sunset June 13^th.

Within Maine’s territorial waters, it shall be unlawful to fish for Atlantic halibut on Wednesdays and Thursdays. It shall be unlawful to land Atlantic halibut within the State on Wednesdays and Thursdays, except that Federal Northeast multispecies permit holders or recreational fishermen may land Atlantic halibut on Wednesdays and Thursdays provided those halibut are caught in federal waters and are immediately tagged with the appropriate federal commercial landing tag or recreational landing tag.

License requirements

Commercial halibut fishermen must obtain a Commercial Halibut License. Commercial Halibut License holders must declare the vessel at the time of license issuance or renewal, to which that license holder’s tags will be allocated. The license holder may only fish for halibut from the vessel that was declared at the time of license issuance or renewal and to which that license holders’ tags were allocated.

Recreational fishermen are not required to obtain a Commercial Halibut License to fish for Atlantic Halibut but must declare a vessel for which their recreational landings tags will be assigned.

Size limit

It shall be illegal to land, sell, or possess any Atlantic Halibut which measures less than 41 inches in total length or for a fish with the head removed, 32 inches in pectoral length. Except for removing the fish’s head, Atlantic Halibut must remain intact until reaching the point of sale at a dealer facility or at the consumer’s property.

Exception. Federally permitted Charter or Party Boats taking passengers for hire may fillet legal size halibut at sea under the following conditions:

Fillets must come from a legal sized Atlantic Halibut;

Fillets must remain whole with skin left on;

Atlantic Halibut carcasses must be tagged and retained until the boat has been landed;

Fillets must match with the Atlantic Halibut carcass.

Atlantic Halibut caught at sea which measure less than the minimum legal size, may be tagged with DMR issued research tags and then immediately released.

Atlantic Halibut raised by means of aquaculture shall be exempted from the size limit if accompanied by proper documentation identifying the origin of the fish and verification that the fish are an aquaculture product.

Prohibitions

It shall be illegal to possess or land marine species other than Atlantic Halibut while fishing for Atlantic Halibut aboard commercial vessels in Maine’s territorial waters. Other marine species caught while fishing for Atlantic Halibut shall be immediately liberated.

It shall be unlawful to transfer Atlantic Halibut between vessels.

It shall be illegal to fish for Atlantic Halibut in Maine’s territorial waters by any method other than using size 14/0, 15/0 or 16/0 circle hooks.

No vessel may fish for Atlantic Halibut using more than 200 circle hooks.

Recreational fishermen or commercial fishermen without a Commercial Halibut License may halibut fish, for personal use, using a tub-trawl and are limited to 100 circle hooks per vessel. In addition, recreational fishermen or commercial fishermen without a Commercial Halibut license are limited to no more than 100 hooks per person.

No individual may possess more than one type of landing tag per year. In addition, it shall be illegal for more than one type of landing tag to be assigned to any one vessel. The full allotment of landing tags will be issued to individuals one time per year.

It shall be illegal to possess a Halibut tag on a vessel that the tag is not registered to.

For vessels which have been assigned State commercial landings tags for Atlantic Halibut, it shall be illegal to possess Atlantic Halibut when operating seaward of Maine’s territorial waters.

Halibut gear marking requirements

All persons fishing for Atlantic Halibut with Commercial Halibut License in accordance with Chapter 34.07(2)(A) must have marking buoys on each end of the trawl clearly labeled with their name and Commercial Halibut License number.

All persons recreationally tub trawling for Atlantic Halibut must mark the trawl buoys with their name and the words “Halibut Trawl” or other DMR specified marking.

Total allowable catch

Commercial, party, or charter vessels may land no more than 25 Atlantic Halibut per year.

Recreational vessels may land no more than 5 Atlantic Halibut per year.

Tagging requirements

All legal size Atlantic Halibut caught in Maine’s coastal waters and intended to be retained by a Commercial Halibut License holder or recreational fisherman shall be immediately tagged with a landing tag approved by the Department of Marine Resources (DMR). Landing tags shall be attached in a manner for which the tag was designed tightly around or through the tail just before the tail fin.

Landings tags must remain on the fish until the fish has reached its final destination as a legal-sized fish that is not offered or intended for sale, trade, or barter by a recreational fisherman or prior to retail sale by a Commercial Halibut License holder or Wholesale Seafood Dealer. It is illegal to possess Atlantic Halibut which are not properly tagged. Any person in possession of Atlantic Halibut without a DMR landings tag shall not be in violation of this Chapter if that person is in possession of a bill of lading showing the Atlantic Halibut were lawfully obtained from an origin outside the State of Maine or identified in accordance with the exception for Atlantic Halibut raised by means of aquaculture in Chapter 34.07(3)(C). The absence of a bill of lading shall be prima facie evidence that the Atlantic Halibut were landed in Maine i.e., not shipped into Maine.

No individual or vessel will be issued more than 25 landing tags per (calendar) year except that Commercial Halibut License holders who also hold a Federal Multispecies Permit shall be exempted from the individual tag limit provided that no one federally permitted vessel is assigned more than 25 landing tags per year.

Three types of landing tags may be issued:

State Commercial tags will be issued to Commercial Halibut License holders without a Federal permit fishing in Maine’s territorial waters.

Federal Commercial tags will be issued to Commercial Halibut License holders who possess a Federal multispecies permit authorizing access to Federal waters.

Recreational tags will be issued to party/charter or recreational vessels which fish in either Federal or territorial waters.

Observers. When fishing for Atlantic Halibut, all commercial, recreational, party and charter boat vessels must accept observers aboard their vessels upon request from the DM R or National Marine Fisheries Service (NMFS).

Sampling. Atlantic Halibut fishers may be requested to preserve stomach, gonad, otolith, scale or other biological samples for analyses by DMR and NMFS scientists. Any training necessary for compliance with such a request would be provided by DMR and/or NMFS personnel.

Reporting. See Chapter 8.20(6) Landings Program.

34.08 Whiting/Silver Hake ( Merluccius-Bilinearis ) Commercial Effort Restrictions

Maine territorial waters gear prohibition and season

It shall be unlawful for any person to take, harvest, or fish for Whiting in Maine’s territorial waters by any method from December 1^st through June 30^th.

Exemption. A person participating in the northern shrimp fishery may retain Whiting taken as by-catch less than or equal to the amount of shrimp on board, but not to exceed 3,500 pounds. These persons must possess a Commercial Northern Shrimp license issued in accordance with 12 M.R.S. §6804; as well as, a Commercial Pelagic and Anadromous Fishing License in accordance with 12 M.R.S. §6502-A with a Whiting endorsement pursuant to Chapter 34.08(3).

No person may take, harvest or fish for Whiting using any grate raised footrope trawl (GRFT) net in Maine’s territorial waters.

Coastal waters gear restrictions. It shall be unlawful to possess aboard a vessel any grate raised footrope trawl (GRFT) net, which has net mesh less than 6.5 inches or cod end mesh which measures less than 2.5-inches. GRFT nets used to fish for or take whiting must comply with the federal regulations specified under 50 CFR §648.80(a)(16). For cod ends comprised of square mesh, measurements shall be taken from within the first 100 bars, counting from the terminus of the net, for vessels greater than 45 feet in length overall, and taken from within the first 50 bars, counting from the terminus of the net, for vessels 45 feet or less in length overall. For cod ends comprised of diamond mesh, measurements shall be taken from within the first 50 meshes, counting from the terminus of the net, for vessels greater than 45 feet in length overall and taken from within the first 25 meshes for vessels 45 feet or less in length overall.

Whiting endorsement required. In order to obtain a Whiting endorsement, GRFT federal exempted Whiting fishery participants must contact the Department of Marine Resources for a gear inspection. Upon satisfactory completion of the gear inspection, the Whiting endorsement will be affixed or applied to the license holder’s Maine Commercial Pelagic and Anadromous Fishing License by DMR personnel. The endorsement shall be subject to continued compliance with the gear apparatus and DMR reporting requirements.

Possession restrictions. The owner or operator of a vessel participating in the GRFT federal exempted Whiting fishery with a Whiting endorsement from DMR may not possess on board, or land any species of fish, other than a maximum of 7,500 lb (3,402 kg) of Whiting; except for the following incidental species in accordance with 50 CFR §648.80(a)(16)(i)(A): Offshore Hake, Red Hake; Butterfish; Herring; Mackerel; Squid; and Alewife.

Observers. When fishing for Whiting, all commercial vessels must accept observers aboard their vessels upon request from the DMR or NOAA Fisheries, National Marine Fisheries Service (NMFS).

Reporting requirements. See Chapter 8.20(17) Landings Program.

Revocation of whiting endorsement. The failure of the license holder to comply with the reporting or observer requirements of this rule shall be grounds for the immediate revocation of the whiting endorsement or, in the discretion of the Commissioner, for a refusal to renew the Whiting endorsement. The Commissioner may revoke or deny renewal of the endorsement in accordance with the following procedures:

The Commissioner shall advise the license holder of the decision to revoke or to deny renewal of the Whiting endorsement by certified mail and shall include in the notice a statement of the grounds for the decision.

The Commissioner shall advise the license holder of his/her right to request that an adjudicatory hearing be held before the Department in conformity with 5 M.R.S.A., Chapter 375 subchapter IV. The Commissioner shall advise the license holder that the hearing must be requested in writing and that the written request must be received by the Department no later than ten days of receipt by the applicant of the notice, by certified mail, of immediate revocation or non-renewal of the Whiting endorsement.

If an adjudicatory hearing is requested, the Commissioner shall schedule a hearing within ten days of the Department's receipt of the written request for hearing, unless a longer period is mutually agreed to in writing.

Notice of the hearing date, time, and location shall be given immediately to the license holder.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §6171
EFFECTIVE DATE: August 22, 1979
AMENDED: May 2, 1982 – Section 34.05
AMENDED: May 5, 1982 – Section 34.05, Appendix
AMENDED: June 30, 1982 – Section 34.10
AMENDED: April 26, 1983 – Section 34.10(C)(1)
AMENDED: April 20, 1984 – Section 34.05
AMENDED: November 8, 1986 – Section 34.10(B)
AMENDED: May 3, 1987 – Section 34.10
AMENDED: December 21, 1987 – Section 34.10
AMENDED: September 12, 1988 – Section 34.10
AMENDED: March 21, 1989 – Section 34.10
AMENDED: September 19, 1989 – Section 34.10(A,B)
AMENDED: December 13, 1989 – Section 34.15 (EMERGENCY, Expires March 13, 1990)
AMENDED: June 18, 1990 – Section 34.15
AMENDED: December 26, 1994 – Section 34.10(B)
AMENDED: April 23, 1995 – Sections 34.10, 34.15 repealed
AMENDED: July 1, 1995 – Section 34.10(A)
AMENDED: August 31, 1997 – Section 34.10(A,B)
AMENDED: August 25, 1998 – Section 34.10(1)(C)(3) added; renumbering throughout
AMENDED: December 12, 1998 – Section 34.10(1)(B)(3) added
AMENDED: February 26, 2001 – Section 34.10
AMENDED: February 26, 2001 – Section 34.20 (EMERGENCY, Expires May 27, 2001)
AMENDED: May 23, 2001 – Section 34.10(1)(B)(2)(a), (1)(B)(4)
AMENDED: March 25, 2002 – Section 34.10(1)(B)(4)(b)
AMENDED: May 22, 2002 – Section 34.10 (EMERGENCY, Expires August 20, 2002)
AMENDED: July 22, 2002 – Section 34.10
AMENDED: October 21, 2002 – Section 34.10(1)(B)(4)(a)(i,ii), 34.10(1)(C)(4) added
AMENDED: September 16, 2003 – Section 34.10(1)(B)(2)(a,c), 34.10(1)(C)(3)(e)
AMENDED: September 16, 2003 – Section 34.10(1)(B)(4)(c)
AMENDED: December 17, 2003 – Sections 34.10(1)(B)(4)(b,c)
AMENDED: September 20, 2004 – Section 34.10(1)(B,C)
AMENDED: May 5, 2005 – Section 34.10(1)(B)(4)(a)(i) (EMERGENCY, Expires August 3, 2005)
AMENDED: June 20, 2005 – Section 34.10(1)(B)(2)(c)
AMENDED: June 20, 2005 – Section 34.10(1)(B)(4)(a)(i)
AMENDED: October 24, 2005 – Section 34.10(1)(B)(4)(d)
AMENDED: July 24, 2006 – Section 34.10(1)(B)(2)(a,c)
AMENDED: June 25, 2007 – Section 34.10(1)(A)(5)
AMENDED: June 25, 2007 – Sections 34.01, 34.10(1)(B)(4)(c)(i)(b)
AMENDED: September 24, 2007 – Section 34.10(1)(B)(4)(b)
AMENDED: November 6, 2007 – Section 34.10(1)(B)(1)(a) (Sunsets February 7, 2008)
AMENDED: April 30, 2008 – Section 34.10(1)(B)(4)(vii) (Maj. Substantive)
AMENDED: May 26, 2008 – Section 34.10(1)(B)(4)(b)(ii,iii)
AMENDED: May 26, 2008 – Section 34.10(1)(B)(2,4)
AMENDED: September 23, 2008 – Section 34.10(1)(B)(4)(c)(i)(b)
AMENDED: July 20, 2009 – Section 34.10(1)(B)(2)(a), (c)(iv)
AMENDED: February 22, 2010 – Section 34.10(1)(B)(1)(b)(i), (d), 34.10(1)(B)(2)(c), 34.10(1)(C)(6)
AMENDED: April 6, 2010 – Section 34.10(1)(B)
AMENDED: January 1, 2011 – Section 34.10(1)(B)(4)(b)(i) Note: This season becomes effective Jan. 1,
AMENDED: 2011
AMENDED: October 26, 2010 – Section 34.10(1)(B)(4)(c)
AMENDED: December 20, 2010 – Section 34.10(1)(B)(1)(e), (2)(f), (C)(7)
AMENDED: August 22, 2011 – Section 34.10(1)(B)(2)(e) repealed, (f) renumbered to (e)
AMENDED: April 27, 2012 – Sections 34.10 (1)(B)(2)(a, c) (EMERGENCY, Expires July 26, 2012)
AMENDED: July 23, 2012 – Section 34.10 (1)(B)(2)(a,c)
AMENDED: April 16, 2013 – Section 34.10(1)(B)(1)(b)(i), 10(1)(B)(1)(d), 10(2)(c)
AMENDED: May 16, 2013 – Section 34.10 (1)(B)(1)(a), (1)(B)(2)(a) (EMERGENCY, Expires August 14,
AMENDED: 2013)
AMENDED: July 25, 2013 – Section 34.10 (1)(B)(1)(a), (1)(B)(2)(a)
AMENDED: May 8, 2014 – Section 34.10(1)(A)(6) added; Section 34.10(1)(B)(1)(e), 34.10(1)(B)(2)
AMENDED: (EMERGENCY, Expires August 5, 2014)
AMENDED: May 9, 2015 – Section 34.10(1)(B)(2)(a), 34.10(1)(B)(2)(c) (EMERGENCY, Expires August 6,
AMENDED: 2015)
AMENDED: August 8, 2015 – Section 34.10(1)(B)(2)(a), 34.10(1)(B)(2)(c)
AMENDED: July 12, 2016 – Repeal and Replace by Regular Rulemaking
AMENDED: April 30, 2017 – Section 34.07(D)(8) (EMERGENCY, Expires July 29, 2017)
AMENDED: August 7, 2017 – Sections 34.06(C)(1), 34.06(2)(b), 34.06(D)(2), 34.06(D)(2)(d), and
AMENDED: 34.06(D)(4)
AMENDED: April 23, 2018 – Section 34.07(A), 34.07(D)(4,8) (EMERGENCY, Expires July 22, 2018)
AMENDED: August 21, 2018 – Section 34.07(A), 34.07(D)(4,8)
AMENDED: March 13, 2019 – Section 34.07(C)(1)
AMENDED: July 17, 2019 – Section 34.06
AMENDED: November 13, 2019 – Section 34.06(D)(4)
AMENDED: May 6, 2020 – Section 34.07(A) (EMERGENCY, Expires August 4, 2020)
AMENDED: November 9, 2020 – Section 34.07(A) Adoption of emergency rule via regular rulemaking
AMENDED: May 6, 2021 – Section 34.07(A) (EMERGENCY)
AMENDED: March 13, 2021 – Section 34.07(A) Adoption of emergency rule via regular rule-making
AMENDED: September 1, 2022 – Section 34.06(C,D), (4) (EMERGENCY)
AMENDED: November 1, 2022 – Adoption of the September 1, 2022 emergency rule.
AMENDED: March 18, 2023 – Section 34.01(A), and 34.05(B)(3)
AMENDED: August 18. 2023 – Section 34.06 (C,D) (EMERGENCY)
AMENDED: November 5, 2023 – Sections 34.06 (C,D), 34.07
AMENDED: July 27, 2024 – Section 34.06 (C,D) (EMERGENCY)
AMENDED: October 6, 2024 – Section 34.06 (C,D) Adoption of emergency rule via regular rulemaking
AMENDED: April 22, 2024 – Section 34.07 (A)(2), (D)(4,5)
AMENDED: April 2, 2026 – Section 34.06 (C)(1), (D)(2) (EMERGENCY)
AMENDED: June 30, 2026 – 34.06 (C)(1) – filing 2026-137
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 36 Atlantic Herring

Code Me. R. 13-188 Ch. 36 Atlantic Herring {#sec-13-188-ch.-36 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 36}

TITLE INDEX

36.01 Atlantic Herring

APPENDICES

Appendix A Map: Atlantic Herring Management Areas

36.01 Herring Management Plan

Definitions

Herring. “ Herring” means Atlantic Sea Herring, particularly the Clupea Harengus harengus.

ICNAF gonad stages. “ICNAF gonad stages” are the official stages adopted by the International Commission for the Northwest Atlantic Fisheries in 1964.

Excerpt from ICNAF, 1964, Table 2 definitions:

Stage V. Gonads fill body cavity. Eggs large, round; some transparent.

Ovaries yellowish; testes milk white. Eggs and sperm do not flow,

but sperm can be extruded by pressure.

Stage VI. Ripe gonads. Eggs transparent; testes white; eggs and sperm flow

freely.

Spawn herring. “Spawn herring” is a sexually mature herring (male or female) in ICNAF gonad stages V or VI.

Herring harvester. Any person or vessel operator in command of any type of gear used to harvest herring.

Management Area 1.Management Area 1 is all U.S. waters of the Gulf of Maine encompassed by the shoreline and an imaginary line beginning at the intersection of the 41º 35' N parallel with the eastern shore of Monomoy Island; thence along a straight line in a northeast direction to its intersection with the U.S.-Canada boundary at the point 42º 53' 14" N parallel of latitude and 67º 44' 35" W meridian of longitude; thence in a northerly direction along the U.S.-Canada boundary.

Management Area 1 is subdivided into Area 1A (inshore) and Area 1B (offshore). The line dividing these areas is described by the following coordinates:

Beginning at 70º 00' W Longitude on the Cape Cod shoreline; thence due north to

42º 38.4' N Latitude, 70º 00' W Longitude; thence due northeasterly to

42º 53.0' N Latitude, 69º 40' W Longitude; thence due northeasterly to

43º 12.0’ N Latitude, 69º 00' W Longitude; thence due northeasterly to

43º 40.0’ N Latitude, 68º 00' W Longitude; thence due northeasterly to

43º 58.0’ N Latitude, 67º 22' W Longitude at the U.S.-Canada boundary; thence northerly along the irregular U.S.-Canada boundary.

Management Area 2. South Coastal Area: All waters west of 70 º 00' W Longitude and south of 41 º 35' N Latitude, to include state and Federal waters adjacent to the states of Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, and North Carolina.

Management Area 3. Georges Bank: All U.S. waters east of 70º 00' W Longitude and southeast of the line that runs from a point at 70º 00' W Longitude and 41º 35' N Latitude, northeasterly to the Hague Line at 67º 44' 35” W Longitude and 42º53' 14” N Latitude.

Herring dealer. Any person who purchases herring directly from a herring harvester for other than their own use and then sells the herring as a wholesale or retail product.

GSI. “GSI” means the gonadosomatic index calculated by the following formula:

(Gonad Weight/ Total Body Weight – Gonad Weight) X 100 percent.

Spawning sample. Sample means a batch of 100 adult herring taken randomly from commercial catch or fish surveys.

Landing. To come to shore, float or a dock and offload herring; or to transfer herring at sea to a vessel utilizing the herring for bait.

Exception. Fixed gears may transfer at sea to a vessel utilizing the herring as bait.

Permits and reporting

Dealer permit.All herring dealers shall obtain a herring dealers permit as part of the Wholesale Seafood License issued by the Department of Marine Resources. There will be no additional charge for this permit. The Commissioner may require that dealer permit holders report volumes of herring bought and sold and other information as required.

Herring harvester permit . All herring harvesters must possess a Herring Harvester Permit on their Commercial Pelagic and Anadromous Fishing License issued by the Department of Marine Resources.

Reporting of catch . All harvesters must report all landed or 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.

Harvesters. See Chapter 8.20(17) and 8.20(18).

Dealers. See Chapter 8.10 Landings Program.

Gear and vessel restrictions

Gear type prohibition. It shall be unlawful to use otter trawls, beam trawls, pair trawls, or midwater trawls to fish for herring within the territorial waters of Maine.

Vessel Size and Shaft Horsepower. It shall be unlawful for any vessel that exceeds 165 feet length overall (LOA) or no more than 750 gross registered tonnage (GRT) to fish for or take herring within Maine territorial waters or to land herring in any Maine port. It shall be unlawful for any vessel possessing more than 3000 shaft horsepower to fish for or take herring within Maine territorial waters or to land herring in any Maine port.

This rule does not prohibit the landing of herring that are lawfully imported from other countries, territories or states provided the origin of fish is documented.

Catch restrictions. License holders shall be informed by public notice in a newspaper circulated in the area affected of any restrictions herein.

Spawning herring protection. It shall be unlawful to fish for, take, possess, transfer or land in any State of Maine port or facility, or to transfer at sea from any Maine registered vessel, any catch of herring harvested from the following described areas within Management Area 1A during a spawning area closure:

Spawning area boundaries:

Eastern Maine spawning area means:

All waters bounded by the following coordinates:

Maine coast 68° 20.0' W,

43° 48.0' N 68° 20.0' W,

44° 25.0' N 67° 03.0' W,

North along the U.S./Canada border, terminating at the Lubec International Bridge.

Western Maine spawning area means:

All waters bounded by the following coordinates:

43° 30.0' N Maine coast,

43° 30.0' N 68° 54.5' W,

43° 48.0' N 68° 20.0' W,

North to Maine coast at 68° 20.0' W.

Massachusetts/New Hampshire spawning area means:

All waters bounded by the Massachusetts, New Hampshire and Maine coasts, and 43° 30.0' N, 70° 00.0' W.

Closure Timing. To protect spawning sea herring, the commissioner shall close the Eastern Maine, Western Maine, or Massachusetts/New Hampshire Spawning Areas to directed Atlantic herring fishing effort when it is determined that Atlantic herring are in later stages of maturity just prior to spawning. A closure date will be projected based on a formula and process set forth in the Atlantic States Marine Fisheries Commission’s Amendment 3 (Section 4.2.6) Interstate Fishery Management Plan for Atlantic Herring.

Closure duration. Once the closure is enacted, it shall remain in effect for 42 days.

Closure extension. Sampling of Atlantic herring taken from Eastern Maine, Western Maine, or Massachusetts/New Hampshire Spawning Areas shall begin during the last week of the initial closure period or at the end of the initial closure period. If one sample taken from the Eastern Maine or Western Maine Spawning Areas is comprised of 20% or more spawn herring then the closure may be extended for an additional 14 days.

Closure prohibitions. During the Eastern Maine, Western Maine, or Massachusetts/New Hampshire Spawning Area Closure or an extension thereof, it shall be unlawful for any vessel to possess or land more than 2,000 pounds of sea herring caught within the Eastern Maine, Western Maine, or Massachusetts/New Hampshire Spawning Area.

Closure procedure. The initial closure date shall be announced 5-days prior to the closure being enacted and any closure extension shall be announced immediately to be enacted the day following the announcement.

Default closure date ranges: If sufficient samples are not available, spawning area closures will begin and end on area specific dates as follows: Eastern Maine (August 28^th – October 8^th), Western Maine (September 23^rd – November 3^rd), Massachusetts/New Hampshire (September 23^rd – November 3^rd).

Exemptions

Transport. Any herring vessel having onboard herring, which were caught outside of a management area that is under a herring spawning closure, may transit the closed or restricted area and land at a Maine port, only if all of its fishing gear has been stowed.

Fixed gear. The fixed gear (stop seines and weirs) fishery east of Cutler is exempt from spawning area restrictions.

Catch quota. Fishing for herring in Management Areas 1A, 1B, 2 and 3 is subject to the sub-annual catch limit (ACL) and fishing effort restrictions specified by the ASMFC Atlantic Herring Board and the NEFMC in accordance with their respective Fisheries Management Plans (FMP). The ACL is established annually by July 1 for the following year by ASMFC and NEFMC. Any reduction in the harvest will be determined in consultation with the ASMFC and NEFMC. No person shall land herring taken from a management area when 92% of the area’s seasonal or sub- annual catch limit will be exceeded or if 95% of the coastwide annual catch limit will be exceeded.

Exception. Up to 30 mt of the Area 1A sub-ACL is allocated for the fixed gear fisheries in Area 1A (weirs and stop seines) west of Cutler. This set-aside is available for harvest by fixed gear within the fishing year until the fixed gear set aside is fully utilized. No person shall land herring taken from Area 1A with fixed gear when 92% of the fixed gear set-aside portion of the Management Area 1A sub-ACL will be exceeded.

Effort restrictions

Management Area 1A, January 1^st – May 31^st. For the period of January 1^st through May 31^st, 0% of the sub-ACL is allocated annually. Herring may only be landed from Management Area 1A on days that have been designated landing days by the Atlantic States Marine Fisheries Commission (ASMFC). ASMFC designates zero landing days between January 1^st and May 31^st, annually.

Management Area 1A, June 1^st – December 31^st. For this period, 100% of the sub-ACL is allocated annually and further sub-divided into two seasonal periods. Season 1 is June 1^st through September 30^th and is allocated 72.8% of the sub-ACL. Season 2 is October 1^st through December 31^st and is allocated 27.2% of the sub-ACL. Atlantic herring may only be landed from Management Area 1A on days that have been designated landing days by the ASMFC. All vessels landing herring caught in Season 1 of Management Area 1A in any Maine port will be limited to fishing for and landing herring on days that have been designated landings days by the ASMFC. All vessels landing herring caught in Season 2 of Management Area 1A in any Maine port will be limited to landing herring on days that have been designated landing days by ASMFC.

All vessels landing herring caught in Management Area 1A in any Maine port are limited to one landing per 24 hour period (6 pm to 6 pm).

For the purpose of this subsection, the following terms shall be defined as follows:

At-sea transfer. “At-sea transfer” means to transfer herring from a vessel to another vessel before the harvester vessel has landed.

Harvester vessel. “Harvester vessel” is a purse seine vessel that is required to report the catch it has aboard (along with effort data under a gear code other than CAR) as the harvesting vessel on its Federal Vessel Trip Report.

Carrier vessel. “Carrier vessel” is a vessel that has received herring from another vessel and is not required to report that catch as its own on its Federal Vessel Trip Report; and, not rigged as a purse seine vessel.

Purse seine vessel. “Purse seine vessel” is a vessel currently rigged and capable of harvesting fish with an encircling net with floats on the top edge, weights and a purse line on the bottom edge, and associated gear to set, purse and haul such a net, which may include, but not limited to, a hydraulically-driven block, roller gear, and/or skiff.

Truck. “Truck”, as a unit of measurement, is equal to 40,000 lbs.

Harvester vessels. There are zero landing days designated from June 1, 2026 through July 19, 2026, at 6:00 p.m. Harvest begins on Sunday, July 19, 2026, at 6:01 p.m. and herring may be landed five consecutive landing days, starting on Sundays at 6:00 p.m. and concluding on Fridays at 6:00 p.m. Harvester vessels may not transfer herring while at-sea to a carrier vessel. Carrier vessels may not receive herring from a harvester vessel while at-sea.

For all harvesters issued a state Commercial Pelagic and Anadromous license with a Herring Harvester Permit that do not possess a Federal Limited Access Herring Permit:

No vessel may land, take or possess more than 25,000 lbs per week. No permit holder may land, take or possess more than 25,000 lbs per week.

Exception. Harvesters using fixed gears (fishing weirs, stop seines), and pound nets are not subject to the harvest schedule detailed above. Weekly landing limits apply.

For all vessels issued a Federal Limited Access Atlantic Herring Permit Category A:

The permit holder must have declared into the Atlantic Herring fishery by April 15th, annually, to be eligible to harvest.

The weekly landing limit is up to 240,000 pounds (6 trucks) per vessel.

For all vessels issued a Federal Limited Access Atlantic Herring Permit Category C:

Daily trip limit shall not exceed 55,000 lbs per day.

For all vessels issued a Federal Limited Access Atlantic Herring Permit Category D:

Daily trip limit shall not exceed 6,600 lbs per day.

Carrier Vessels. Carrier vessels shall not operate as a harvester vessel on the same trip when operating as a carrier vessel.

Exceptions. Any vessel may possess herring as an incidental catch and land herring caught in Management Area 1A, 1B, 2 or 3, in any Maine port, as long as such herring do not comprise more than 10% of the total weight of the catch and not to exceed 2000 lbs per trip.

An individual may fish or take by hook and line up to 100 Atlantic herring per day for personal use only.

Appendix A: Atlantic Herring Management Areas

INDEX

History

STATUTORY AUTHORITY
12 M.R.S. § 6171
EFFECTIVE DATE: July 27, 1979
AMENDED: October 1, 1979 – Artificial lights exception
AMENDED: June 30, 1980
AMENDED: June 30, 1981
AMENDED: July 4, 1981 – Section 36.01
AMENDED: October 26, 1981
AMENDED: November 23, 1981 – Section 36.15
AMENDED: April 28, 1983 – Section 36.01
AMENDED: September 15, 1983 – Section 36.16 (EMERGENCY)
AMENDED: October 1, 1983 – Section 36.01 (EMERGENCY)
AMENDED: August 13, 1984 – Section 36.01
AMENDED: September 21, 1995 – Section 36.01(B) (EMERGENCY)
AMENDED: September 21, 1996
AMENDED: August 19, 1997 – Section 36.01(A)
AMENDED: September 16, 1997 – Section 36.01(B), map
AMENDED: November 19, 1997 – Section 36.01(C), renumbering
AMENDED: August 25, 1998 – Section 36.01, chart
AMENDED: August 28, 1999 – Section 36.01amended; Sections 36.05, 36.15 repealed
AMENDED: July 29, 2000 – Section 36.01(A-D)
AMENDED: August 15, 2001 – Section 36.01(D)(1)(a) (EMERGENCY)
AMENDED: November 25, 2001 – Section 36.01(D)(a)
AMENDED: December 17, 2003 – Section 36.01(B)(3)
AMENDED: January 1, 2005 – Section 36.01(D)(2)(a)
AMENDED: August 15, 2006 – Section 36.01(D)(1)
AMENDED: January 1, 2007 – Section 36.01(A)(5-7)
AMENDED: September 24, 2007 – Section36.01(D)(1,3)
AMENDED: June 21, 2010 – Section 36.01(D)(2) (EMERGENCY)
AMENDED: August 23, 2010 – Section 36.01(D)(2)
AMENDED: October 26, 2010 – Section 36.01(B)(2,3)
AMENDED: June 22, 2016 – Section 36.01(D)(2) (EMERGENCY)
AMENDED: July 2, 2016 – Section 36.01(A)(5-7,10), 36.01(D)(1)(2,3)
AMENDED: July 9, 2016 – Section 36.01(D)(3)
AMENDED: September 25, 2016 – Section 36.01
AMENDED: June 2, 2017 – Section 36.01(A)(11), 36.01(B)(2), 36.01(D)(3)(a), 36.01(D)(3)(b)
AMENDED: (EMERGENCY)
AMENDED: June 30, 2017 – Section 36.01(D)(3)(a,b) (EMERGENCY)
AMENDED: July 28, 2017 – Section 36.01(D)(3) (EMERGENCY)
AMENDED: August 8, 2017 – Section 36.01(A)(11), 36.01(B)(2,3), 36.01(D)(3)(a), 36.01(D)(3)(b)
AMENDED: September 17, 2017 – Section 36.01(D)(3)(ii)(B), 36.01(D)(3)(iii)(c) (EMERGENCY, Expires
AMENDED: December 16, 2017)
AMENDED: December 18, 2017 – Section 36.01(D)(3)(c) (EMERGENCY, Expires March 17, 2018)
AMENDED: June 2, 2018 – Sections 36.01(D)(3)(b), 36.01(D)(3)(b)(ii), 36.01(D)(3)(B-D)(iii)(c)
AMENDED: (EMERGENCY)
AMENDED: September 12, 2018 – Section 36.01(D)(3)(b) (EMERGENCY, Expires December 11, 2018)
AMENDED: September 29, 2018 – Section 36.01(D)(3)(c) (EMERGENCY, Expires December 11, 2018)
AMENDED: November 16, 2018 – Section 36.01(D)(3)(c) (EMERGENCY, Expires February 14, 2019)
AMENDED: March 13, 2019 – Section 36.01(B,D)
AMENDED: June 1, 2019 – Section 36.01(D) (EMERGENCY, Expires August 29, 2019)
AMENDED: July 17, 2019 – Section 36.01(D)
AMENDED: August 17, 2019 – Section 36.01(D) (EMERGENCY)
AMENDED: September 15, 2019 – Section 36.01(D) (EMERGENCY)
AMENDED: November 2, 2019 – Section 36.01(D) (EMERGENCY)
AMENDED: November 13, 2019 – Section 36.01(B)(2)
AMENDED: November 30, 2019 – Section 36.01(D) (EMERGENCY)
AMENDED: March 15, 2020 – Section 36.01(A)(8,11), (B)(2,3), (D)(2,3),(3)(b)(ii)
AMENDED: August 22, 2020 – Zero landing days (EMERGENCY)
AMENDED: October 6, 2020 – Season 2 opens (EMERGENCY)
AMENDED: November 3, 2020 – Modify season 2 (EMERGENCY)
AMENDED: June 1, 2021 – 2021 Harvest rules (EMERGENCY)
AMENDED: October 1, 2021 – Season 2 Closed (EMERGENCY)
AMENDED: November 6, 2021 – Season 2 Open (EMERGENCY)
AMENDED: May 31, 2022 – 2022 Season 1 Open (EMERGENCY)
AMENDED: September 29, 2022 – 2022 Season 2 Harvest Controls (EMERGENCY)
AMENDED: March 18, 2023 – Section 36.01(B)(3), 36.01(D)(3)(b)
AMENDED: May 31, 2023 – 2023 Season 1 Open (EMERGENCY)
AMENDED: September 30, 2023 –2023 Season 2 Opens (EMERGENCY)
AMENDED: March 19, 2024 – Section 36.01B(3), (D)(1)(a,b), (3)(b)(ii)
AMENDED: May 31, 2024 – 2024 Season 1 Open (EMERGENCY)
AMENDED: October 1, 2024 –2024 Season 2 Opens (EMERGENCY)
AMENDED: May 31, 2025 – 2025 Season 1 Open (EMERGENCY)
AMENDED: September 30, 2025 – 2025 Season 2 Effort Controls (EMERGENCY)
AMENDED: November 4, 2025 – 2025 Season 2 Effort Controls (EMERGENCY)
AMENDED: November 23, 2025 – 2025 Season 2 Effort Controls (EMERGENCY)
AMENDED: December 18, 2025 – 2025 Season 2 Effort Controls (EMERGENCY)
AMENDED: May 30, 2026 – 2026 Season 1 Open (EMERGENCY) – filing 2026-126
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 37 Freshwater Fish Regulations

Code Me. R. 13-188 Ch. 37 Freshwater Fish Regulations {#sec-13-188-ch.-37 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 37}

TITLE INDEX

37.01 Method of Taking

37.02 Prohibitions on the Taking or Possession of Landlocked Salmon, Brown Trout and Rainbow Trout

37.03 Bag and Possession Limits for Landlocked Salmon, Brown Trout, Rainbow Trout and Brook Trout

37.04 Minimum Length Limit for Brook Trout

37.05 Minimum Length for Black Back (Largemouth Bass and Smallmouth Bass)

37.06 Bag and Possession Limits for Black Bass

37.07 Jigging for Certain Freshwater Fish Species

37.08 Removal of Heads and Tails

37.09 Bass Tournament Permits in Maine Coastal Waters

Method of Taking

It shall be unlawful to fish for or take freshwater fish as defined in 12 M.R.S.A. §6001(17-A) by any means other than hook and line.

Exception. A person lawfully engaged in the aquaculture of any freshwater fish as defined in 12 M.R.S.A. §6001(17-A), shall be exempt from this section provided that that person holds a special license, if required, under 12 M.R.S.A. §6074.

37.02 Prohibitions on the Taking or Possession of Landlocked Salmon, Brown Trout and

Rainbow Trout

It shall be unlawful to take or possess landlocked salmon, brown trout, or rainbow trout, which are less than 14 inches in total length from the coastal waters of the State of Maine. It shall be unlawful to take or possess landlocked salmon or brown trout which are greater than 25 inches total length, from the coastal waters of the State of Maine.

Penobscot River. It shall be unlawful to take or possess landlocked salmon, brown trout, or rainbow trout from tidal waters upstream and north of the Penobscot Narrows Bridge and north of the Verona Island Bridge.

A person lawfully engaged in the aquaculture of landlocked salmon, brown trout, or rainbow trout shall be exempt from Chapter 37.02(A) provided that person holds a lease or special license, if required, pursuant to 12 M.R.S. §§ 6072, 6072-A, 6073-A, 6073-D or 6074.

Bag and Possession Limits for Landlocked Salmon, Brown Trout, Rainbow Trout and

Brook Trout

It shall be unlawful to take or possess more than five (5) of the above-mentioned species, of which not more than two (2) may be landlocked salmon, two (2) brown trout, or two (2) rainbow trout. All five (5) may be brook trout.

A person lawfully engaged in the aquaculture of landlocked salmon, brown trout, or rainbow trout shall be exempt from this section provided that that person holds a special license, if required, under 12 M.R.S.A. §6074.

Any fish captured in inland waters shall be counted against the bag and possession limits in coastal waters.

37.04 Minimum Length Limit for Brook Trout

It shall be unlawful to take or possess brook trout which are less than 6 inches in total length from the coastal waters of the State of Maine.

37.05 Minimum Length for Black Bass (Largemouth Bass and Smallmouth Bass)

It shall be unlawful to take or possess black bass which are less than 12 inches in total length.

37.06 Bag and Possession Limits for Black Bass

It shall be unlawful to take or possess more than three (3) black bass from the coastal waters of the State of Maine. Only one black bass may exceed 14 inches in total length.

37.07 Jigging for Certain Freshwater Fish Species

It shall be unlawful to jig for "freshwater fish" as defined in 12 M.R.S.A. §6001(17-A) in the coastal waters of Maine. For the purpose of this regulation, "jigging" means "fishing for, catching, or killing with a hook or hooks manipulated in such a manner as to pierce and hook a fish in any part of its body other than the mouth."

37.08 Removal of Heads and Tails

It is illegal to remove the heads or tails from "freshwater" fish as defined in 12 M.R.S.A. §6001(17‑A) unless the dressed length is equal to or greater than the legal length or unless the fish is being prepared for immediate cooking.

37.09 Bass Tournament Permits in Maine Coastal Waters

A person or an organization may not conduct a bass tournament or fishing derby for freshwater species in the coastal waters of the State without a permit issued by Inland Fisheries and Wildlife as outlined in 12 M.R.S. §12505. Approved permits for Maine Coastal Waters will be provided by the license holder to the Maine Marine Patrol Division Office holding jurisdiction over the tournament/derby location.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §6171
EFFECTIVE DATE: September 6, 1983 – Titled “Closed Area Royal River and Cousins River, Yarmouth” (EMERGENCY) – filing 83-238
REPEALED: September 23, 1983 - Titled “Closed Area: Royal and Cousins Rivers, Yarmouth, Maine” (EMERGENCY) – filing 83-2264
REPEALED: EFFECTIVE DATE OF PERMANENT RULE
REPEALED: April 25, 1988 – Titled “Freshwater Fish Regulations” – filing 88-108
AMENDED: May 19, 1998 – Sections 37.03, 37.06 – filing 98-219
AMENDED: April 27, 2004 – Sections 37.02 (A,B) – filing 2004-139
AMENDED: April 17, 2010 – Section 37.02(A-C) (EMERGENCY, Expires July 16, 2010)
AMENDED: July 23, 2012 – Section 37.09 – filing 2012-201
AMENDED: November 24, 2018 – Section 37.02 – filing 2018-256
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 39 Sturgeon

Code Me. R. 13-188 Ch. 39 Sturgeon {#sec-13-188-ch.-39 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 39}

TITLE INDEX

39.01 Minimum Length Limit for Sturgeon [REPEALED]

39.02 Sturgeon Fishing – Closed Area

39.01 Minimum Length Limit for Sturgeon [REPEALED]

39.02 Sturgeon Fishing - Closed Area

It shall be unlawful for any person to take, catch, or destroy any shortnose or Atlantic sturgeon from the coastal waters of Maine.

Possession. It shall be unlawful for any person to possess any short-nose or Atlantic sturgeon within the State of Maine

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §6171
EFFECTIVE DATE: November 9, 1983
AMENDED: May 9, 1992 – Section 39.01 repealed
NONSUBSTANTIVE CORRECTION: February 28, 2000
NONSUBSTANTIVE CORRECTION: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
NONSUBSTANTIVE CORRECTION: September 3, 2026

Chapter 40 Smelt Regulations

Code Me. R. 13-188 Ch. 40 Smelt {#sec-13-188-ch.-40 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 40}

TITLE INDEX

40.12 Taking of Smelts from the Coastal Waters of Maine

Taking of Smelts from the Coastal Waters of Maine

Definitions

Smelt. “Smelt” means the sea run rainbow smelt, Osmerus mordax.

Smelt management zone one. “Smelt Management Zone One (1)” includes all coastal waters East of the New Hampshire border to the Owl’s Head Lighthouse.

Smelt management zone two. “Smelt Management Zone Two (2)” includes all coastal waters East of the Owl’s Head Lighthouse including all coastal waters of the Penobscot River extending to Naskeag Point, including Deer Isle and Stonington.

Smelt management zone three. “Smelt Management Zone Three (3)” includes all coastal waters East of Naskeag Point to the US/Canada Border.

Statewide restriction. It is unlawful to stand in the coastal waters, including the coastal waters of any river, brook, or stream, while fishing for smelts.

Smelt management zone restrictions

Zone one (1). The following restrictions apply when fishing for, taking, or possessing smelt in Zone One (1):

Method of take. From February 1^st to September 30^th, both days inclusive, it is unlawful to fish for, take or possess smelt by any means other than by hook and line through the ice. From October 1^st to January 31^st, both days inclusive, it is unlawful to fish for or take smelt except by hook and line.
Season restrictions. None.
Limit. From March 15^th to September 30^th, both days inclusive, it is unlawful to fish for, take or possess more than 2 quarts of smelt per day. From October 1^st to March 14^th, both days inclusive, it is unlawful to fish for, take, or possess more than 4 quarts of smelts per day.

Zone Two (2). The following restrictions apply when fishing for, taking, or possessing smelt in Zone Two (2):

Method of take. From March 15^th to June 30^th, both days inclusive, it is unlawful to fish for, take or possess smelt by any means other than by dip net or by hook and line. From July 1^st to March 14^th, both days inclusive, it is unlawful to fish for, take or possess smelt by any means other than by hook and line.

Season restrictions. From March 15^th to June 30^th, both days inclusive, it is unlawful to fish for, take, or possess smelt on a Tuesday or Wednesday.

Limit. From March 15^th to June 30^th, both days inclusive, it is unlawful to fish for, take, or possess more than 1 quart of smelt per day. From July 1^st to March 14^th, both days inclusive, it is unlawful to fish for, take, or possess more than 4 quarts of smelt per day.

Zone Three (3). The following restrictions apply when fishing for, taking, or possessing smelt in Zone Three (3):

Method of take. It is unlawful to fish for, take or possess smelt by any means other than by dip net or by hook and line.

Season restrictions. None.

Limit. From March 15^th to June 30^th, both days inclusive, it is unlawful to fish for, take, or possess more than 2 quarts of smelt per day. From July 1^st to March 14^th, both days inclusive, there is no limit on the take of smelt.

Exceptions

Any wholesale seafood or retail seafood dealer licensed pursuant to 12 M.R.S. §6851 or §6852; or any grocery, restaurant or fish store may possess more than 2 quarts per day in his/her place of business.

Taking of smelts in Washington County

January 1^st through April 1^st, both days inclusive, without any limit on quantity, the use of gill nets and bag nets in addition to dip net or hook and line are allowed in the following tidal waters by persons licensed pursuant to 12 M.R.S. §6502-A:

East Machias River in the Town of East Machias following the town line; Pleasant River in the Towns of Columbia Falls, Addison, and Harrington within 44º 31.18’N, 067º 47.60’ W (end of Ripley Neck) to 44º 29.92’N, 067º 44.64’W (end of Cape Split).

Narraguagus River in the Towns of Milbridge and Cherryfield within 44º 31.23’N,

067º 51.63’W (Long Point) to 44º 31.61’N, 067º 51.46’W (Fickett Point).

January 1^st through April 10^th, both days inclusive, without any limit on quantity, the use of gill nets and bag nets in addition to dip net or hook and line are allowed in the following tidal waters by persons licensed pursuant to 12 M.R.S. §6502-A:

Town of Steuben:

Indian River in the towns of Addison, Jonesport, and Jonesboro within 44º 29.87’N, 067º 42.74’W (the end point of Moose Neck), and 44º 31.60’N, 067º 38.34’W (end of Hopkins Point);

Harrington River and Mill River in the towns of Harrington and Milbridge within 44º 32.51’N, 067º 49.09’W (end of Ray Point) and 44º 32.67’N, 067º 48.23’W (end of Town Landing Road);

Chandler River in the town of Jonesboro within 44º 37.85’N, 067º 32.61’W (end of Look Point) and 44º 38.40’N, 067º 32.62’W (end of Deep Hole Point).

Outside these dates and coordinates the restrictions in the rest of Chapter 40.12 apply.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §6171
EFFECTIVE DATE: May 2, 1982 – Section 40.09(B)
EFFECTIVE DATE: May 10, 1982 – Chapter 40 with reprints of Private and Special Laws filed - Sections 40.01-
EFFECTIVE DATE: 40.13
AMENDED: April 3, 1988 – Sections 40.09 & 40.12
AMENDED: April 3, 1988 – Section 40.08 & 40.12
AMENDED: March 27, 1989 – Section 40.11
AMENDED: December 21, 2009 – Sections 40.01-40.13
AMENDED: March 14, 2014 – Sections 40.12(A)(2), 40.12(B)(3), 40.12(C) added (EMERGENCY, Expires
AMENDED: June 11, 2014)
AMENDED: March 9, 2015 – Sections (A)(B)(D) amended; Section (C) added.
AMENDED: March 12, 2017 – Section 40.12(C)(1)
AMENDED: August 21, 2018 – Section 40.12(C)(1)(a)
AMENDED: March 15, 2020 – Section 40.12(B-D)
AMENDED: March 19, 2024 – Section 40.12 (A-D) – filing 2024-067
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 41 Menhaden

Code Me. R. 13-188 Ch. 41 Menhaden {#sec-13-188-ch.-41 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 41}

TITLE 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

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

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

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.

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.

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.

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

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

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 p.m. the day of landing or retention. If no landings or retention occurred on a calendar day, a negative report is required.

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 p.m. Sunday.

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 p.m. Sunday. If no landings or retention occur during the week (Monday 12:01 a.m. through Sunday 11:59 p.m.), a negative report is required.

Harvesters. See Chapter 8.20(13) for reporting requirements.

Dealers. See Chapter 8.10 Landings Program for reporting requirements.

41.25 Definitions

Hogshead. One hogshead equals 17.5 lb bushels.

Bushel. One bushel equals 70 lbs of menhaden.

Barrel. One barrel equals 55 liquid gallons; or, 5 bushel of menhaden.

Truck. One truck equals 40,000 lbs of menhaden.

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.

Crate. A crate equals two and one half bushels or 175 pounds of menhaden.

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.

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

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.

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.

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.

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.

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

State allocation fishery

Notice. 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.

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.

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.

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.

Pound net and fish weir effort restrictions. 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 Monday, August 31, 2026 at 12:01 a.m., 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.

Effort restrictions for all other gears. It is unlawful to harvest menhaden prior to the opening of the state allocation fishery, starting on Monday, August 31, 2026, 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 and Thursdays each week. It is unlawful to fish for, take or possess more than 7,000 pounds per harvester vessel per day. 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.

Storage requirement. 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.

Episodic event set-aside (EESA) fishery. 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.

Notice. 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.

Effort restrictions. 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 a.m. to 11:59 p.m. 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.

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.

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.

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.

Incidental catch and small scale fishery. 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.

Notice. 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.

Effort restrictions. 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 a.m. to 11:59 p.m. 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.

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.

Gear restrictions. 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.

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.

41.40 Noncommercial Menhaden Fishing

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

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

Effort restrictions

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

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

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

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

Gear restrictions. 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.

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

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.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §§6171, 6171-A
EFFECTIVE DATE: May 2, 1982 – Section 41.01 with December 31, 1983 sunset provision
EFFECTIVE DATE: AMENDED
EFFECTIVE DATE: July 20, 2009 – Section 41.05
EFFECTIVE DATE: September 20, 2010 – Section 41.30
EFFECTIVE DATE: July 23, 2012 – Section 41.30
EFFECTIVE DATE: June 6, 2013 – Section 41.30 (EMERGENCY, Expires September 4, 2013)
EFFECTIVE DATE: July 25, 2013 – Section 41.30
EFFECTIVE DATE: July 31, 2016 – Section 41.30 (EMERGENCY)
EFFECTIVE DATE: August 5, 2016 – Section 41.30(1) (EMERGENCY, Expires November 3, 2016)
EFFECTIVE DATE: August 15, 2016 – Section 41.30 (EMERGENCY, Expires November 13, 2016)
EFFECTIVE DATE: June 3, 2017 – Section 41.30 repealed and replaced (EMERGENCY)
EFFECTIVE DATE: June 8, 2017 – Chapter repealed and replaced (EMERGENCY)
EFFECTIVE DATE: July 3, 2017 – Section 41.30 (EMERGENCY)
EFFECTIVE DATE: September 30, 2017 – Section 41.30 (EMERGENCY)
EFFECTIVE DATE: April 28, 2018 – Sections 41.05, 41.30
EFFECTIVE DATE: September 15, 2018 – Section 41.03(B) (EMERGENCY)
EFFECTIVE DATE: March 13, 2019 – Sections 41.10, 41.20, 41.30
EFFECTIVE DATE: July 14, 2019 – Section 41.30(3) (EMERGENCY)
EFFECTIVE DATE: July 21, 2019 – Section 41.30(2) (EMERGENCY)
EFFECTIVE DATE: November 13, 2019 – Section 41.20(1,2)
EFFECTIVE DATE: March 15, 2020 – Sections 41.15, 41.20, 41.30
EFFECTIVE DATE: June 27, 2020 – Section 41.30, Open EESA (EMERGENCY)
EFFECTIVE DATE: July 2, 2020 – Section 41.30, EESA Reduction (EMERGENCY)
EFFECTIVE DATE: November 9, 2020 – Restructuring of entire chapter and addition of noncommercial/ commercial license types.
EFFECTIVE DATE: April 27, 2021 – Sections 41.05, 41,20, 41.25, 41.30, 41.40, 41.50
EFFECTIVE DATE: April 26, 2022 – Section 41.30(1)(B)
EFFECTIVE DATE: May 17, 2023 – Sections 41.05, 41.10, 41,20, 41.25, 41.30, 41.40
EFFECTIVE DATE: March 19, 2024 – Sections 41.05. 41.06 (new), 41.20, 41.25, 41.30, 41.40
EFFECTIVE DATE: April 22, 2025 – Sections 41.05, 41.25, 41.30, 41.40
EFFECTIVE DATE: March 17, 2026 – Section 41.30
EFFECTIVE DATE: August 30, 2026 – Section 41.30 (EMERGENCY) – filing 2026-192
EFFECTIVE DATE: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
EFFECTIVE DATE: September 3, 2026

Chapter 42 Striped Bass

Code Me. R. 13-188 Ch. 42 Striped Bass {#sec-13-188-ch.-42 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 42}

TITLE INDEX

42.01 Statewide Striped Bass Size Restrictions, Harvest Methods

42.02 Striped Bass – Limits, Personal Use

42.03 Striped Bass – Closed Area and Closed Season

42.01 Statewide Striped Bass Size Restrictions, Harvest Methods

Method of taking

It is unlawful to fish for or take striped bass in territorial waters, except by hook and line. It is unlawful to use a gaff to land any striped bass.

It is unlawful to use multiple (more than two) barbed or barbless treble hooks on any artificial lure or flies while fishing for striped bass in territorial waters.

It is unlawful to use any hook other than a circle hook when using bait. For purposes of this chapter the definition of circle hook means “a non-offset hook with a point that points 90º back toward the shaft of the hook”. Striped bass incidentally caught on any unapproved hook type must be returned to the water immediately without unnecessary injury.

For the purposes of this section, bait is defined as any marine or freshwater organism live or dead, whole or parts thereof, and earthworms, including but not limited to, night crawlers ( Lumbricus terrestris ).

Exception. Rubber or latex tube rigs will be exempt from the circle hook restriction as long as they conform with the following: the lure must consist of a minimum of 8” of latex or rubber tubing with a single hook protruding from the end portion of the tubing where bait may be attached. Willow leaf spinner rigs will also be exempt from the circle hook restriction as long as they are fished with no more than two barbless hooks. A willow leaf spinner rig is comprised of leaf-shaped attractor blades which are longer than they are wide. Use of treble hooks is not allowed with any of these exempted rigs.

Any striped bass legally taken from the territorial waters shall be immediately released alive into the water from which it was taken, or killed at once. Any striped bass killed becomes part of the daily bag limit in accordance with Chapter 42.02.

Size restrictions. It is unlawful to take or possess striped bass which are less than 28 inches long or greater than 31 inches long, in total length. It is unlawful to possess striped bass unless the fish are whole with head on, and are between 28 inches and 31 inches, inclusive.

Exception: Operators and crew onboard for-hire vessels may fillet legal sized striped bass for their customers dockside provided that:

A striped bass carcass may not be mutilated to the extent that the total length or species of fish cannot be determined.

No more than two fillets taken from legal striped bass are in the possession of each customer of that trip, representing the equivalent of one fish per angler.

Any striped bass fillet shall have the skin still attached for the purpose of identification of the fillet as striped bass.

All striped bass carcasses must be retained and available for inspection until all passengers from that trip have left the vessel and dock area.

All striped bass carcasses from any previous trip shall be disposed of before any person begins to fish on a subsequent trip.

Filleting by operators and crew onboard for-hire vessels is not permitted at-sea.

42.02 Striped Bass – Limits, Personal Use

It is unlawful for any person to fish for, take or possess striped bass in or from territorial waters, except for personal use. The sale of wild striped bass caught for personal use or by commercial fisheries in other States or jurisdictions is prohibited in the State of Maine.

It is unlawful for any person to take or possess more than one (1) striped bass each day.

Exception for hybrid striped bass. This section shall not apply to the possession and sale of hybrid striped bass under the following conditions:

Hybrids ( Morone saxatillis x Morone chrysops ). Whole aquaculture-raised striped bass shall have a tag or label affixed to each fish container holding fish.

Fillets. Fillets from aquaculture-raised hybrid striped bass shall have the skin attached.

Tags and labels. All tags and labels affixed to containers of whole aquaculture-raised hybrid striped bass and fillets from aquaculture-raised hybrid striped bass shall be clearly marked "Hybrid Striped Bass" and provide the following information:

State of origin

Name and address of shipping and receiving dealers

Permit number of shipping and receiving dealers

Date shipped

Net weight of container

Nomenclature. It is unlawful for any person to market, promote, advertise, or sell whole hybrid striped bass or hybrid striped bass fillets as "striped bass." Only the term "hybrid striped bass" shall be used when marketing, promoting, advertising, or selling at retail hybrid striped bass and hybrid striped bass fillets.

42.03 Striped Bass – Closed Area and Closed Season

Except as provided in 42.03(B), from the 1st day of December to June 30^th, inclusive, it is unlawful for any person to take and retain any striped bass from the tidal waters of the Kennebec River inside and upstream of a line drawn from the outer extremity of Cape Small to the outer extremity of Salter Island, thence to the outer extremity of Cape Newagen and including Merrymeeting Bay and tributaries, the tidal waters of the Sheepscot River, Androscoggin River, Sasanoa River, and all other tidal tributaries of the Kennebec River. From July 1^st through November 30^th, statewide regulations apply to this area.

Special hook and release season/area. From May 1^st to June 30^th, it shall be lawful to fish for striped bass in the waters described in 42.03(1) with a hook and line and single hooked artificial lures. Any striped bass caught during this special season/area fishery shall be immediately released and returned alive, without further injury, to the waters from which they were taken.

Waters seasonally closed to the use of bait. From May 1^st to June 30^th, inclusive, it is unlawful to possess or use bait while hook and line fishing for any finfish species in waters described in 42.03(1). During this closed season (May 1^st to June 30^th), possession of hook and line fishing gear and bait on waters described in 42.03(A) is prima facie evidence of violating this regulation. For purposes of this section, "bait" is defined as any live or dead marine organism, or part thereof.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §6171
EFFECTIVE DATE: May 15, 1989
AMENDED: June 11, 1990
AMENDED: May 10, 1992
AMENDED: May 25, 1994
AMENDED: August 9, 1995 – Section 42.02
AMENDED: April 20, 1997 – Sections 42.01, 42.02
AMENDED: September 16, 1997 – Sections 42.01, 42.03
AMENDED: April 23, 2000 – Sections 42.01, 42.02, 42.023
AMENDED: December 20, 2010 – Sections 42.01, 42.02
AMENDED: April 16, 2013 – Section 42.01(1)(C)
AMENDED: May 13, 2015 – Sections 42.01(2), 42.02
AMENDED: March 15, 2020 – Sections 42.01(2), 42.02
AMENDED: December 16, 2020 – Section 42.01(C) (EMERGENCY, Expires March 16, 2021)
AMENDED: June 1, 2021 – Section 42.01(C) (EMERGECNY, Expires August 30, 2021)
AMENDED: August 10, 2021 – Section 42.01(C)
AMENDED: May 18, 2023 – Section 42.01(2) (EMERGENCY)
AMENDED: August 13, 2023 – Section 42.01(2)
AMENDED: April 22, 2025 – Section 42.01(2) – filing 2025-095
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 43 Bluefish

Code Me. R. 13-188 Ch. 43 Bluefish {#sec-13-188-ch.-43 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 43}

TITLE INDEX

43.01 Bluefish Limits

Method of taking

Daily and possession limits. Except as provided in 43.01(1)(A)(1) it is unlawful for any person to take, catch, kill, or possess more than 5 bluefish per day until December 31, 2026. Beginning January 1, 2027 it is unlawful for any person to take, catch, kill, or possess more than 3 bluefish per day.

Exemptions. The daily limit and possession limit shall not apply to persons licensed under 12 M.R.S. §6501 and §6421. The possession limit shall not apply to persons licensed under 12 M.R.S. §6851 and §6852.

It is unlawful to use multiple (more than two) barbed or barbless treble hooks on any artificial lure or flies while fishing for bluefish.

For the purposes of this chapter, bait is defined as any marine or freshwater organism live or dead, whole or parts thereof, and earthworms, including but not limited to, night crawlers ( Lumbricus terrestris ).

Any striped bass killed during the take of bluefish becomes part of the daily bag limit in accordance with Chapter 42.02.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §6171
EFFECTIVE DATE: May 9, 1992
AMENDED: April 21, 1997
AMENDED: December 20, 2010
AMENDED: August 10, 2021 – Section 43.01(C)
AMENDED: April 2, 2026 – Section 43.01(A) (EMERGENCY)
AMENDED: June 30, 2026 – Section 1(A) – filing 2026-138
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 44 American Shad

Code Me. R. 13-188 Ch. 44 American Shad {#sec-13-188-ch.-44 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 44}

TITLE INDEX

44.05 American Shad Limits

Daily and possession limits. Except as provided in Chapter 44.05(2) it shall be unlawful for any person to take or possess more than two (2) American shad per day taken from the coastal waters of Maine.

The daily limit and possession limit shall not apply to persons licensed under 12 M.R.S.A. §6851 and §6852.

It is unlawful to fish for or take American shad from the coastal waters of the State by any method other than hook and line.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §6171
EFFECTIVE DATE: May 19, 1998 – filing 98-218
AMENDED: November 19, 2017 – Section 44.05(1) – filing 2017-180
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 45 Shrimp

Code Me. R. 13-188 Ch. 45 Shrimp {#sec-13-188-ch.-45 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 45}

TITLE INDEX

45.01 Definitions

45.05 Shrimp Season

45.10 Net Restrictions

45.15 Shrimp Traps

45.24 Reporting of Catch

45.01 Definitions

Cod end. "Cod end" means the terminal portion of an otter trawl, pair trawl, beam trawl, scottish seine or mid-water trawl in which the catch is normally retained.

Primary dealer. "Primary dealer" means any person who purchases shrimp in excess of 120 pounds per day as a first purchase from a vessel engaged in the taking of shrimp.

Process. "Process" means to clean, shell, freeze, package or otherwise alter the form or condition of shrimp.

Shrimp. "Shrimp", "any shrimp" of "Northern Shrimp" means all Pandalid species including, but not limited to, Pandalus borealis.

Extension. That portion of the net which connects the cod end to the body of the net.

Landing. To come to shore, float or a dock and offload shrimp; or to transfer shrimp at sea to another vessel.

45.05 Shrimp Season

Shrimp season

Harvest and transport

Season. There is no season for shrimp.

It is unlawful to fish for, or take by any method, or to land, ship, transport, sell or possess any shrimp harvested from Maine’s coastal waters.

Exception. Any shrimp may be possessed, transported or sold during the closed periods or seasons by dealers provided the shrimp were legally obtained and the dealer is properly permitted or licensed to engage in that activity.

Processing. It shall be unlawful to process shrimp in Maine except during the fishing season established in Chapter 45.05(1)(A)(1).

Exception. A processor may process shrimp outside of the fishing season established in Chapter 45.05(1)(A)(1) upon obtaining a permit from the Maine Department of Marine Resources.

Documentation.The Department of Marine Resources shall issue a permit to a shrimp processor for processing of shrimp outside of the fishing season established in Chapter 45.05(1)(A)(1) if that processor produces documented evidence proving that the shrimp to be processed were lawfully harvested.

45.10 Net restrictions

Mesh size

It shall be unlawful to fish for, take, transport or possess any shrimp on board any vessel rigged with a trawl net having a mesh opening of less than 1 3/4 inches between knots. It shall also be unlawful to possess a net or netting with an opening of less than 1 3/4 inches between knots on board any vessel rigged with a trawl net which is engaged in the fishing for, taking, or transport of shrimp or which carries shrimp for any purpose, except that the webbing funnel may be constructed with a mesh size not less than 1 3/8 inches. Additionally, an exception is made for a deflector panel of 1-inch mesh in the cod end behind the second grate in a double grate system, as described in Chapter 45.10(6).

Exception for Maine Territorial Seas. Pursuant to Department of Marine Resources' Regulation 34.10(1)(C)(1) and (2), any vessel rigged with a trawl net having a mesh size of less than 6 inches diamond or square mesh in the body and wings and less than 6.5 inches diamond or square mesh in the cod end may only fish in Maine territorial waters January 1^st to March 31^st, both days inclusive.

Finfish excluder device. It shall be unlawful for any vessel rigged for otter trawling, to fish for, land or have in possession northern shrimp except by using trawls equipped with finfish excluder devices. Such finfish excluder devices (commonly referred to as the "Nordmore Grate System") shall consist of:

The grate is a rigid or semi-rigid planar device consisting of parallel bars attached to a frame with a spacing between bars of not more than 1 inch. The parallel bars of the grate shall be oriented up and down and the grate itself shall be tilted at approximately a forty-five degree angle from the vertical plane. The frame of the grate shall be secured to the extension piece of the trawl net in such a manner that prevents the passage of fish between the frame of the grate and the webbing of the extension into the cod end.

The fish outlet is a triangular opening in the webbing of the extension of the trawl. This outlet may be located on the top or bottom of the extension which allows the escape of fish too large to pass between the bars of the grate. The triangular base of the fish outlet is aligned with the apex of the opening forward and is attached to the portion of the tilted grate closest to the cod end so that no lip or protruding edge of webbing is present to impede the escape of finfish. The base of the triangular opening shall not be less than 19 inches in length. The sides of the triangular outlet shall taper to a forward (toward the mouth of the trawl) apex and shall be cut "all bars" to achieve the triangular shaped opening.

The webbing funnel shall be constructed of webbing or mesh not less than 1 3/8 inches and shall be located in the extension in front of the grate. The circumference of the extension and the outlet of the funnel shall be of sufficient diameter to allow the passage of fish captured by the trawl. The funnel shall be secured in the extension in such a manner that the funnel mouth will be directed to the part of the grate furthest from the fish outlet to maximize the separation characteristics of the grate. However, this webbing funnel is not mandatory.

The maximum length of the bottom legs of the bridle of any shrimp trawl net shall not exceed 15 fathoms of uncovered or bare wire.

Exception. No person may possess any regulated species of cod, witch flounder, American plaice, Atlantic halibut, yellowtail flounder, haddock, pollock, winter flounder, windowpane flounder, redfish, ocean pout and white hake on board any vessel while fishing for shrimp.

Mesh measurement. Mesh sizes are to be measured by a flat wedged-shaped gauge having a taper of 4 cm. in 20 cm. and having a thickness of 2.3 mm., inserted into the meshes under a pressure or pull of 1.90 kg. The mesh size of a net shall be the average of the measurements of a series of any 20 consecutive meshes, at least 10 meshes from the lacing, and when measured in the cod end of the net beginning at the after end and running parallel to the long end axis.

Chafing gear and liner. It shall be unlawful to fish for, take, transport or possess any shrimp on board a boat rigged with a trawl net of more than one layer or with a liner of any kind attached, except that a cod end strengthener may be used as specified in Chapter 45.10(5). However, it shall be lawful to attach chafing gear to the lower half of the circumference of the cod end unless a cod end strengthener is used. Any such chafing gear shall be attached in such a manner as to ensure that the effective mesh opening in the cod end is not diminished.

Tolerance in mesh measurement. A tolerance of 1/8 inch may be applied to the average mesh size in the body and wings of a net. No tolerance shall be provided for any other portion of the net.

Exception. It shall be lawful to possess herring seines or purse seines for the purpose of transporting those seines from one location to another on board a vessel rigged for otter trawling, as described in 45.10(1) as long as a permit is obtained in advance from the Maine Department of Marine Resources.

Cod end strengthener. An outer mesh may be used as a cod end strengthener while fishing for Northern Shrimp (Pandalus borealis). The outer mesh must be a minimum of 6.5 inches and the outer mesh must be at least three times larger than the size of the inner mesh. The mesh may be single or double twine, and diamond or square in shape. The hanging ratio must be the same as the mesh size ratio. Hanging ratio shall mean the number of meshes in the circumference of the cod end compared to the number of meshes in the circumference of the strengthener. The mesh size ratio shall mean the number of inner meshes compared to the number of outer meshes. The outer mesh may only cover the cod end. No chafing gear may be used with a cod end strengthener.

Double nordmore grate. A double Nordmore grate may be used while fishing for Northern Shrimp (Pandalus borealis). A double Nordmore grate is a second grate placed behind the currently required grate. The second grate is intended to release small shrimp from the net while retaining larger shrimp. Double Nordmore grate devices shall have the following gear components:

A second grate that is placed 8 feet behind the first grate with a locational tolerance of plus or minus 2 feet, i.e., must be greater than 6 feet and less than 10 feet.

A second grate that is hung at the same orientation as the first grate.

A space between the bars that is 7/16 or an inch.

An exit hole to the cod end that is placed at the trailing end of the second grate and is not more than 10 percent of the surface area.

A 1-inch mesh panel behind the second grate that is 45 degrees down from the top of the bars to the bottom of the cod end.

An escape hole in the cod end in front of the 1-inch mesh panel.

Optional: A funnel that is placed in front of the second grate designed to direct the catch toward the grate to maximize the retention of the shrimp may be used but may not have mesh less than 1-3/8 inch stretched mesh.

45.15 Shrimp Traps

Marking. It is unlawful to set, raise, lift or transfer any shrimp trap or buoy unless it is clearly marked with the owner’s shrimp fishing license number or lobster and crab fishing license number.

45.24 Reporting of Catch

See Chapter 8.20(9) Landings Program.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S §6171
EFFECTIVE DATE: December 15, 1982
AMENDED: May 9, 1987
AMENDED: December 28, 1987
AMENDED: November 27, 1988
AMENDED: December 1, 1989 – Section 45.10 (EMERGENCY)
AMENDED: March 26, 1990 – Section 45.10
AMENDED: December 2, 1990
AMENDED: April 3, 1991 – Section 45.10
AMENDED: April 13, 1991 – Section 45.24 repealed; Section 45.50
AMENDED: November 29, 1991 – (EMERGENCY)
AMENDED: April 1, 1992
AMENDED: December 9, 1992 - Sections 45.05, 45.10 (EMERGENCY)
AMENDED: December 8, 1993 – (EMERGENCY)
AMENDED: May 30, 1994
AMENDED: December 1, 1994 – Sections 45.05, 45.10 (EMERGENCY)
AMENDED: December 19, 1994 – Section 45.05 (EMERGENCY)
AMENDED: November 24, 1995 – (EMERGENCY)
AMENDED: April 2, 1995 - Sections 45.05, 45.10
AMENDED: March 5, 1996
AMENDED: November 30, 1996 – Section 45.05 (EMERGENCY)
AMENDED: February 17, 1997 – Section 45.05
AMENDED: March 9, 1997 - Section 45.10(A)(3)
EFFECTIVE DATE (ELECTRONIC CONVERSION): February 24, 1997
NONSUBSTANTIVE CORRECTION: June 25, 1997
AMENDED: December 1, 1997 – Section 45.05 (EMERGENCY)
AMENDED: January 28, 1998 – Section 45.05
AMENDED: December 1, 1998 – Section 45.05 (EMERGENCY)
AMENDED: January 31, 1999 – Section 45.05
AMENDED: December 1, 1999 – Sections 45.05, 45.10 (EMERGENCY)
AMENDED: December 25, 1999 – Section 45.24 added
NONSUBSTANTIVE CORRECTIONS: December 30, 1999 – minor spelling and punctuation
AMENDED: January 17, 2000 – Sections 45.05, 45.10, calendar appended
AMENDED: December 1, 2000 – Section 45.05(A) (EMERGENCY)
AMENDED: December 24, 2000 – Section 45.05(A)
NONSUBSTANTIVE CORRECTIONS: February 14, 2001 – punctuation
AMENDED: November 25, 2001 – Section 45.05(1)(A)(2)(c)
AMENDED: December 1, 2001 – Section 45.05(A)(2) (EMERGENCY)
AMENDED: February 9, 2002 – Title for Section 45.05(1); Sections 45.05(1)(A)(2), 45.10(A)(2)
AMENDED: November 27, 2002 – Section 45.05 (EMERGENCY) – filing 2002-452
AMENDED: January 21, 2003 – Section 45.05(1) – filing 2003-26
NONSUBSTANTIVE CORRECTIONS: May 21, 2003 – history notes for November 27, 2002 and January 21, 2003
AMENDED: September 16, 2003 – filing 2003-324
NONSUBSTANTIVE CORRECTIONS: November 5, 2003
AMENDED: November 26, 2003 – Section 45.05(1) (EMERGENCY) – filing 2003-440
AMENDED: December 17, 2003 – Section 45.24 – filing 2003-467
AMENDED: January 26, 2004 – Section 45.05(1) – 2004-22
AMENDED: November 17, 2004 – Section 45.05(1)(A)(2) (EMERGENCY) – filing 2004-536
AMENDED: January 25, 2005 – Section 45.05(1)(A)(2)(i) – filing 2005-40
NONSUBSTANTIVE CORRECTIONS: May 3, 2005 – history notes only
NONSUBSTANTIVE CORRECTIONS: May 3, 2005 – Section 45.05(1)(A)(2)(a)(i), numbering only; and history notes
AMENDED: November 23, 2005 – Section 45.05(1)(A)(2) (EMERGENCY) – filing 2005-472
AMENDED: January 23, 2006 – Section 45.05(1)(A)(2) – filing 2006-26
NONSUBSTANTIVE CORRECTIONS: May 16, 2006 – removed duplicate, incorrect date in 45.05(1)(A)(2)(a)
AMENDED: November 22, 2006 – Section 45.05(1)(A)(2) (EMERGENCY) – filing 2006-480
AMENDED: January 24, 2007 – Section 45.05(1)(A)(2) – filing 2007-20
AMENDED: November 28, 2007 – Section 45.05(1)(A)(2) (EMERGENCY) – filing 2007-496
AMENDED: January 27, 2008 – Section 45.05(1)(A)(2) – filing 2008-18
NONSUBSTANTIVE CORRECTION: February 25, 2008 – typo in 45.05(1)(A), season length corrected to 151 days
AMENDED: September 23, 2008 – Section 45.15 added – filing 2008-444
AMENDED: November 26, 2008 – Section 45.05 (EMERGENCY) – filing 2008-539
AMENDED: February 16, 2009 – Section 45.05 – filing 2009-52
AMENDED: November 11, 2009 – Section 45.05(1)(A)(2) (EMERGENCY) – filing 2009-579
AMENDED: December 21, 2009 – Section 45.05(1)(A)(2) – filing 2009-665
AMENDED: May 5, 2010 – Section 45.05(1)(A)(2) (EMERGENCY) – filing 2010-164
AMENDED: November 17, 2010 – Section 45.05(1)(A)(2) (EMERGENCY) – filing 2010-577
AMENDED: January 8, 2011 – Section 45.05(1)(A)(2) – filing 2011-2
AMENDED: February 28, 2011 – Section 45.05(1)(A)(2) (EMERGENCY) – filing 2011-55
AMENDED: January 2, 2012 – Section 45.05(1)(A)(2) (EMERGENCY) – filing 2011-470
AMENDED: January 16, 2013 – Sections 45.01(E), 45.05 (EMERGENCY) – filing 2013-009
AMENDED: April 16, 2013 – Section 45.01(E), 45.05(1)(A) – filing 2013-085
AMENDED: March 20, 2015 – Section 45.05 (EMERGENCY) – filing 2015-047
AMENDED: December 11, 2015 – Section 45.05(1) (EMERGENCY) – filing 2015-247
AMENDED: March 7, 2016 – Section 45.05(1) – filing 2016-034
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 49 Shellfish Bait Permit

Code Me. R. 13-188 Ch. 49 Shellfish Bait Permit Regulations {#sec-13-188-ch.-49 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 49}

49.01 Permit

A permit is required to engage in the shellfish bait fishery. A permit may be obtained by applying in writing to the Commissioner. The application must contain the following information:

A. Name and address of applicant

B. Names of crew

C. Vessel name and description

D. Type of harvesting gear proposed

E. Proposed areas of harvest

Harvester Permit Restrictions

A. Crew members must possess valid commercial shellfish licenses issued under 12 M.R.S.A. §6601.

B. Catch must be landed and distributed according to permit restrictions.

C. Catch may not be sold to certified shellfish dealers.

D. It shall be illegal for certified shellfish dealers to possess shellfish that is for bait only.

Reporting: See Chapter 8.20(J) Landings Program
Area and/or Season Restrictions

A. Fishing is allowed only in closed areas specifically described on the permit.

B. Fishing can occur only during daylights hours.

C. No fishing will be allowed in areas classified as approved (open areas).

Species Restriction

A. The permit authorizes the harvest of surf clams (Spisula solidissima) only.

Limitations

A. Clams must be shucked and dyed on the vessel. All containers of shucked product must be dyed before they are landed. The die must discolor the shucked product in a manner that distinguishes it from certified shellfish for human consumption.

B. All containers must be labeled at sea with red tags stating – BAIT CLAMS ONLY - NOT FOR HUMAN CONSUMPTION.

49.02 Permit Restrictions

Crew members must possess valid commercial shellfish license's issued under 12 M.R.S.A. §6601.
Catch must be landed and distributed according to permit restrictions.
Catch may not be sold to certified shellfish dealers.
It shall be illegal for certified shellfish dealers to possess shellfish that is for bait only.

49.03 Reporting (repealed effective December 17, 2003, filing 2003-467 – see instead Ch. 8)

49.04 Area and/or Season Restrictions

Fishing is allowed only in closed areas specifically described on the permit.
Fishing can occur only during daylight hours.
No fishing will be allowed in areas classified as approved (open areas).

49.05 Species Restriction

Marine mollusks, including shucked shellfish, may be bought, possessed, transported and sold strictly as bait in Maine under the following conditions:

Labeling

All shucked shellfish bought, possessed, transported and sold as bait must be labeled in the following manner: “WARNING-BAIT CLAMS ONLY (NOT FOR HUMAN CONSUMPTION)”. This warning must be placed on the container in plain view in a type size as large as the largest type of the label.

Limitations

A. All bait shellfish must contain dye that discolors it in a manner that distinguishes it from certified shucked shellfish suitable for human consumption.

B. It shall be illegal for persons who are certified dealers in accordance with 12 MRSA §6856 to possess shellfish that is for bait only.

C. It shall be illegal for bait shellfish to be kept in the same cooler or display case as food for human consumption.

Reporting (see Chapter 8.05 and 8.10 Landings Program)
No shellfish bait permit will be required to buy, possess, transport and sell bait shellfish as long as this rule is adhered to.

49.06 Limitations

Clams must be shucked and dyed on the vessel. All containers of shucked product must be dyed before they are landed.
All containers must be labeled at sea with red tags stating - BAIT CLAMS ONLY - NOT FOR HUMAN CONSUMPTION.

EFFECTIVE DATE:

February 3, 1996 – filing 96-26

EFFECTIVE DATE (ELECTRONIC CONVERSION):

February 24, 1997

NON-SUBSTANTIVE CORRECTIONS:

February 28, 2000 - converted to MS Word

AMENDED:

December 17, 2003 – repealed Section 49.03, filing 2003-467

NON-SUBSTANTIVE CORRECTIONS:

April 13, 2005 – Section numbering throughout, punctuation in Section 49.02(4), inserted missing word in Section 49.02(4)

AMENDED:

April 20, 2009 - Sections 49.01, 49.05, filing 2009-167

13-188 Chapter 49 page 3

Chapter 50 Spiny Dogfish and Coastal Sharks

Code Me. R. 13-188 Ch. 50 Spiny Dogfish and Coastal Sharks {#sec-13-188-ch.-50 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 50}

TITLE INDEX

50.01 Definitions

50.02 Harvest, Possession and Landing Restrictions

50.03 Spiny Dogfish Endorsement for Dealers, License for Harvesters, Reporting Requirements and Quota

50.04 Shark Dealers

50.10 Finning Prohibited

50.01 Definitions

Coastal sharks. “Coastal sharks” means for the purpose of these regulations the following species of shark caught in Maine’s territorial waters: sand tiger, bigeye, whale, basking, white, dusky, bignose, Galapagos, night, reef, narrowtooth, Caribbean sharpnose, smalltail, silky, Atlantic angel, longfin mako, bigeye thresher, sharpnose sevengill, bluntnose sixgill, sandbar, bigeye sixgill, and North Atlantic shortfin mako sharks.

Finning. “Finning” means the act of taking a spiny dogfish, porbeagle or other coastal shark, removing the fins, and returning the remainder of the spiny dogfish, porbeagle or other coastal shark to the sea.

Spiny dogfish. “Spiny dogfish” means the genus and species Squalus acanthias.

Porbeagle shark. “Porbeagle shark” means the genus and species Lamna nasus .

50.02 Harvest, Possession and Landing Restrictions

Spiny dogfish. When the annual Atlantic Marine Fisheries Commission quota for spiny dogfish is reached it shall be unlawful to fish for, take, have in possession or land spiny dogfish, taken from Maine territorial waters. Persons shall be informed by public notice in a newspaper with statewide circulation when the annual quota for spiny dogfish taken from Maine territorial waters has been reached. This is in accordance with the annual quota established by the Atlantic States Marine Fisheries Commission.

Exception

This rule shall not apply to vessels or individuals who harvest or possess dogfish for research or biomedical use, provided such vessels or individuals have a permit from the Commissioner of Marine Resources.

Any person may fish for, take, possess, or transport one dogfish per day provided that the dogfish is for personal use only.

Spiny dogfish trip limit. Effective May 1, 2022, it is unlawful to harvest, land or possess more than 7,500 pounds of spiny dogfish per calendar day or 24-hour period when the Maine territorial waters are not closed to the taking of dogfish in accordance with Chapter 50.02(1).

Porbeagle shark

The commercial harvest of porbeagle sharks is prohibited in Maine’s territorial waters.

When the quota for porbeagle shark is reached in federal waters it shall be unlawful to fish for, take, have in possession or land porbeagle shark in Maine. Persons shall be informed by public notice in a newspaper with statewide circulation when the annual quota for porbeagle shark taken from federal waters has been reached. This is in accordance with the Interstate Fisheries Management Plan for Atlantic Coastal Sharks established by the Atlantic States Marine Fisheries Commission.

Coastal sharks. The take of Coastal Sharks, as defined in Chapter 50.01(1), is prohibited in Maine’s territorial waters.

50.03 Spiny Dogfish Endorsement for Dealers, License for Harvesters, Reporting

Requirements and Quota

Harvester license and dealer endorsement

Commercial harvesters must obtain a Commercial Pelagic and Anadromous Fishing License in order to participate in this fishery.

Wholesale license-holders must obtain a dogfish buying endorsement before April 15^th in order to participate in this fishery.

Reporting. See Chapter 8. Future license or endorsements will be dependent upon reporting compliance.

Quota. Fishing for spiny dogfish is subject to the annual quota specified by the ASMFC and NMFS Spiny Dogfish specifications. The annual quota is established annually by May 1^st for the fishing year.

50.04 Shark Dealers

Dealer permit requirement. Maine Wholesale license-holders who purchase Coastal sharks or porbeagle shark must obtain a federal dealer permit.

50.10 Finning Prohibited

Finning is prohibited in Maine territorial waters. Vessels that land spiny dogfish, porbeagle or coastal sharks must have the head, fins and tails attached naturally to the carcass through landing. The porbeagle, coastal shark or dogfish may be bled.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §6171
EFFECTIVE DATE: December 24, 2000
AMENDED: June 27, 2006 – Section 50.02(B) – filing 2006-282
AMENDED: June 27, 2006 – Section 50.01, 50.10 – filing 2006-283
AMENDED: June 25, 2007 – Sections 50.02(A,B), 50.03 – filing 2007-254
AMENDED: February 25, 2008 – Section 50.02(A,B) – filing 2008-86
AMENDED: February 22, 2010 – Section 50.01(1,2); Section 50.01 (3,4) added – filing 2010-44
AMENDED: February 22, 2010 – Section 50.02(A); Section 50.02 (B,C) added
AMENDED: February 22, 2010 – Section 50.04 added
AMENDED: February 22, 2010 – Section 50.10
AMENDED: October 26, 2010 – Section 50.03 – filing 2010-510
AMENDED: April 16, 2013 – Section 50.02(A)(2) – filing 2013-086
AMENDED: October 7, 2014 – Section 50.02(A)(2) – filing 2014-250
AMENDED: August 26, 2020 – filing 2020-195 (APAO Note: This filing may be the same as that listed here with an effective date of August 29, 2020)
AMENDED: August 29, 2020 – Section 50.01(1)
AMENDED: May 1, 2022 – Section 50.02(A)(2) (EMERGENCY, Expires July 30, 2022) – filing 2022-073
AMENDED: August 16, 2022 – Section 50.02(A) – filing 2022-150
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 51 Black Sea Bass

Code Me. R. 13-188 Ch. 51 Black Sea Bass {#sec-13-188-ch.-51 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 51}

TITLE INDEX

51.01 Definitions

51.02 Harvest, Possession and Landing Restrictions

51.03 Black Sea Bass Endorsement for Dealers, License for Harvesters, Reporting Requirements

and Quota

51.01 Definitions

Black sea bass. “Black sea bass” means the genus and species Centropristis striata.

51.02 Harvest, Possession and Landing Restrictions

Quota. Commercial fishing for black sea bass is subject to the annual quota specified by the Atlantic States Marine Fisheries Commission (ASMFC) specifications. The annual quota is established annually by May 1st for the fishing year. When the annual ASMFC quota for black sea bass is reached, it shall be unlawful to fish for, take, have in possession or land black sea bass taken from Maine territorial waters. Persons shall be informed by public notice in a newspaper with statewide circulation when the annual quota for black sea bass taken from Maine territorial waters has been reached. This is in accordance with the annual quota established by the ASMFC.

Exception. This rule shall not apply to vessels or individuals who harvest or possess black sea bass for research use, provided such vessels or individuals have obtained a special license from the Commissioner of Marine Resources.

Fishing method. It shall be unlawful to fish for or take black sea bass from the coastal waters of the State by any method other than hook and line.

Size restriction. It shall be unlawful to take or possess black sea bass measuring less than 13 inches not including the filament/tail extension.

Additional commercial harvest restrictions

Vessel trip limit. It is unlawful to harvest, land or possess more than 50 pounds of black sea bass per calendar day or 24-hour period when Maine territorial waters are not closed to the taking of black sea bass in accordance with Chapter 51.02(1).

Additional recreational harvest restrictions

Possession limit. It shall be unlawful to take, catch, kill or possess more than ten (10) black sea bass per day.

Saltwater registry. Recreational fishermen are not required to obtain a license to fish for black sea bass but must comply with the saltwater fishing registration requirements as outlined in 12 M.R.S. §6312(3) and DMR Chapter 85.

Personal use. It shall be unlawful to sell, barter, trade, or otherwise transfer for a commercial purpose, or to attempt to sell, barter, trade, or otherwise transfer for a commercial purpose, black sea bass caught or landed by charter, party, or recreational fishing vessels.

Closed seasons. Black sea bass may not be possessed on board a charter, party or recreational fishing vessel from January 1^st through May 18^th and September 22^nd through October 17^th, inclusive.

51.03 Black Sea Bass Endorsement for Dealers, License for Harvesters, Reporting

Requirements and Quota

Harvester license and dealer endorsement

License requirements. Commercial fishermen must obtain a Department of Marine Resources (DMR) Commercial Pelagic and Anadromous Fishing License in order to harvest black sea bass.

Wholesale license-holders must obtain a black sea bass buying endorsement in order to participate in this fishery.

Reporting. See Chapter 8.20 (G). Future endorsements will be dependent upon reporting compliance.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §6171
EFFECTIVE DATE: October 7, 2014 – filing 2014-251
EFFECTIVE DATE: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
EFFECTIVE DATE: September 3, 2026

Chapter 52 Atlantic Mackerel

Code Me. R. 13-188 Ch. 52 Atlantic Mackerel {#sec-13-188-ch.-52 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 52}

TITLE INDEX

52.01 Definitions

52.25 Atlantic Mackerel Limits

52.01 Definitions

Atlantic mackerel. “Atlantic mackerel” means the genus and species Scomber scombrus.

Recreational fishing. "Recreational fishing" means fishing that is not intended to, nor does it result in the barter, trade, or sale of fish.

52.02 Atlantic Mackerel Limits

Recreational fishing restrictions

Possession limit. Except as provided in 52.02(1)(A)(1) it shall be unlawful for an individual engaged in recreational fishing to fish for, take, or possess more than 25 Atlantic mackerel per person per calendar day.

Atlantic mackerel harvested by charter, party, or recreational fishing vessels with more than one person aboard may be pooled in one or more containers. Compliance with the possession limit will be determined by dividing the number of fish on board by the number of persons aboard. If there is a violation of the possession limit on board a vessel carrying more than one person, the owner or operator shall be responsible for the violation

Atlantic mackerel may be communally stored in dockside bait pens.

Mackerel purchased from a lawful dealer with proof of receipt do not count towards the 25 fish mackerel possession limit.

Chunked, frozen mackerel do not count towards the 25 fish mackerel possession limit.

Exemptions. The limit to fish for, take, or possess no more than 25 Atlantic mackerel shall not apply to persons who hold a commercial pelagic and anadromous fishing license (12 M.R.S. §6502-A).

The possession limit shall not apply to persons who hold a commercial harvesting license under 12 M.R.S. Chapter 619 (Lobster and Crab Fishing Licenses), Chapter 621 (Finfish Licenses), or Chapter 625 (Wholesale and Retail Licenses).

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §6171
EFFECTIVE DATE: November 1, 2022
AMENDED: June 30, 2026 – Section 52.02(1)(A), 52.02 (1)(A)(1) – filing 2026-139
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 55 Gear Restrictions

Code Me. R. 13-188 Ch. 55 Gear Restrictions {#sec-13-188-ch.-55 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 55}

TITLE INDEX

55.01 Definitions

55.02 Pound Net and Fish Weir Fishing Provisions

55.03 Special Area Closures to Fishing

55.04 Gillnet Bait Fishing Regulations

55.05 Use of Purse, Drag or Stop Seines in Certain Waters Prohibited

55.06 Fish Passage Regulations

55.07 Seasonal Net Restrictions

55.08 Method of Mechanical Harvest Prohibited

55.14 Fishing in the Presumpscot River

55.15 Fishing in the Bagaduce River and its tributaries in Castine, Penobscot and Brooksville

55.30 Fishing in the Sheepscot River, Lincoln County

55.35 Use of Draggers in Sheepscot Bay, Lincoln County

55.40 Fishing for Cod and Other Groundfish in Sheepscot Bay, Lincoln County

55.50 Seining in Sasanoa River, Sagadahoc County

55.55 Fishing in Cathance and Abagadasset Rivers, Sagadahoc County

55.56 Fishing for Suckers in the Towns of Bowdoinham and Topsham

55.59 Penobscot River Tributaries Fishing Closures

55.60 Fishing in Narraguagus River, Washington County

55.70 Fishing in Dennys River, Washington County

55.75 York County; Otter Trawling in Spruce Creek

55.80 Fishing in Bond, Kennebec County

55.85 Fishing in the Damariscotta River

55.93 Fixed Gill Nets: Tending Requirements, Kennebec/Androscoggin Rivers

55.94 Use of Gill Nets in the Kennebec and Androscoggin Rivers

55.95 Fishing in Royal River, Yarmouth

55.96 Penobscot River Gear Restrictions

55.97 Fishing in the Kennebec River above the Gardiner/Randolph Bridge

55.98 Fishing in the Androscoggin River in Brunswick and Topsham

55.99 Fishing in the Saco River above the Route 9/Main Street Bridge between Saco and Biddeford

Definitions

Bait gillnet. A gillnet that has less than 3.5 inches diamond or square stretch mesh throughout the entire net, is suspended in the water column, and has a maximum length of 2,000 feet, as defined in Chapter 34.01.

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 fish are directed by a prolonged fence known as a leader.

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 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 the 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, such as dip nets that are solely operated by hand.

Pound Net and Fish Weir Fishing Provisions

It is unlawful to remove fish from a pound net or fish weir gear that is not permanently marked with a Commercial Pelagic and Anadromous or Commercial Menhaden License-holder’s name and DMR landings number.

Pound net or fish weir gear markings must be legible and clearly visible for inspection at all times.

Pound net or fish weir gear used under a Commercial Menhaden License must be marked with a single license-holder’s name and DMR landings number for the duration of the license year.

It is unlawful for a person, other than the license-holder whose name and DMR landings number is marked on the pound net for fish weir gear, to remove fish from the pound net or fish weir gear.

Pound nets shall be set in a manner whereas the net leader is at no time within the intertidal zone.

Pound nets and fish weirs shall be tended and any non-retainable bycatch released every 24 hours.

55.03 Special Area Closures to Fishing

Except as provided by further regulation of the Commissioner, the following waters are closed to fishing:

Dams with fishways.

The area within 150 feet of any dam in which a fishway is located and/or 150 feet of any part of any fishway.

This regulation shall not apply to the taking of river herring under 12 M.R.S. §6131.

55.04 Gillnet Bait Fishing Regulations

License requirement. It shall be unlawful to gillnet bait fish without a Commercial Pelagic and Anadromous Fishing License or a Menhaden Fishing License from the Department of Marine Resources (DMR).

Gear and marking requirements. Except as further restricted in the Menhaden fishery (Chapter 41), it shall be unlawful to fish more than 2000 feet of bait gillnet in territorial waters. Bait gillnet shall have less than 3.5 inches diamond or square stretch mesh throughout the entire net. Bait gillnets must be clearly marked at each end with buoy sticks at least 4 feet in length. The license-holder’s name, homeport and Commercial Pelagic and Anadromous Fishing License number or Menhaden Fishing License number must be clearly displayed on every marking buoy.

Reporting. See Chapter 8.20(13)(17)(18) Landings Program.

New Meadows River restrictions. It shall be unlawful to use a bait gillnet in any tidal waters north of a line drawn from the shore side end of the footbridge at Hopkins Island in Harpswell, thence following the bridge to the southern tip of Hopkins Island, thence east to the southern tip of Sheep Island, thence 90 degrees due east (true) to the Phippsburg shore south of the entrance to Basin Cove. The Western Boundary is the Gurnet Bridge on Rt. 24 in Harpswell.

Exception. Bait gillnets may be fished in these waters if the net is hauled back and tended at least once every four hours.

55.05 Use of purse, drag or stop seines in certain waters prohibited

In Kennebec River above a line drawn across said river from Fort Popham in the Town of Phippsburg to a point opposite at the lower end of Long Island in the Town of Georgetown.

55.06 Fish Passage Regulations

Any net or trap set in any tidal river, brook, stream or other watercourse must:

Not occupy more than two-thirds (2/3) of the watercourse measured at any time of tide;
Not exceed 30 feet in length, as measured from the opening of the net to the terminal portion of the end of the net;
Not be located within 50 feet of any part of another net or trap;
Not have a mesh size less than 1/8” diamond or square stretch mesh or greater than one inch;
Be tended and the contents removed at least once every 24 hours; and
Be clearly marked by a floating buoy or surface marker with the owner’s commercial fishing or Commercial Pelagic and Anadromous Fishing license number and telephone number.

Exceptions

A. The holder of a Commercial Pelagic and Anadromous Fishing License, fishing in accordance with the bait gillnet regulations in Chapter 55.04, may use a net exceeding 30 feet in length and a mesh size of less than 3.5 inches diamond or square stretch mesh in accordance with Chapters 55.04(2) and 34.10, provided that all the other gear restrictions in Chapter 55.06(1) are met.

B. Persons fishing in accordance with river herring fishing rights granted pursuant to 12 M.R.S. §6131 are not subject to the gear limitations of Chapter 55.06(1).

C. Persons issued an elver license in accordance with 12 M.R.S. §6505-A and fishing in accordance with applicable elver fishing laws and regulations are not subject to the gear limitations of Chapter 55.06(1).

D. Persons issued an aquaculture lease pursuant to 12 M.R.S. §6072 or §6072-A, a limited-purpose aquaculture (LPA) license pursuant to 12 M.R.S. §6072-C are not subject to the gear limitations of Chapter 55.06(1).

E. Persons engaged in the traditional stop seine fishery for Atlantic Sea Herring or Atlantic menhaden are not subject to the gear limitations of Chapter 55.06(1).

55.07 Seasonal Net Restriction

It shall be illegal to set or maintain any net in any tidal river, brook or stream or other watercourse or any territorial waters of the State of Maine between noon February 1^st and noon March 22^nd, both days inclusive.

Exceptions. Chapter 40.12(B) and rules established under Chapter 45.

55.08 Method of Mechanical Harvest Prohibited

It shall be unlawful to fish for, take or transport to the surface any marine organism by pump, vacuum, suction or any type of mechanical pumping.

Exceptions:

Atlantic Herring

Menhaden

Seaweed harvesting

Marine organisms raised on and removed from an aquaculture lease or license site pursuant to 12 M.R.S. 6072, 6072-A, 6072-B, and 6072-C.

55.14 Fishing in the Presumpscot River

It shall be unlawful to use purse, drag, or stop seines in the Presumpscot River upstream of the Interstate 295 bridge.

It shall be unlawful to use a gill net in the Presumpscot River upstream of the US Route 1 bridge between Martin Point in Portland and Mackworth Point in Falmouth.

55.15 Fishing in the Bagaduce River and its tributaries in Castine, Penobscot and Brooksville

No person shall use any weir, seine, trap or any other contrivance in catching, fishing for or taking fish in the Bagaduce River or any of its tributaries, in the Towns of Castine, Penobscot and Brooksville, Hancock County, except by the use of gill nets, and permanent weirs, with not less than 50 poles, constructed of laths, brush, wire or twine.

The trapping of eels in the Bagaduce River shall be lawful.

Fishing in the Bagaduce River Upstream of the North Brooksville Sedgwick Bridge. Not withstanding the provisions of DMR Regulations 55.15(1) and (2), it is unlawful to fish for, take or possess fish from April 1^st through November 30^th of any year from the Bagaduce River or any of its tributaries upstream of the North Brooksville-Sedgwick Bridge in the towns of Penobscot, Brooksville and Sedgwick, except that this regulation shall not apply to fish taken by hook and line and baited eel pots.

55.30 Fishing in the Sheepscot River, Lincoln County

It shall be unlawful to use any type of net or seine in the Sheepscot River and its tributaries between the Wiscasset North Edgecomb Bridge and the so-called Headtide Dam at Alna.

Exceptions:

1. The fishing of lamprey eels within these waters shall be under the direction of the Commissioner of Marine Resources who may issue permits to take lamprey eels at places and by means designated by him or her. 2. This section does not apply to the taking of river herring under any other law or regulation. 3. Elver fyke or dip nets may be fished in the Sheepscot River for the harvest of elvers only. Persons issued an elver license in accordance with 12 M.R.S. §6505-A or §6302-A and who fish in accordance with current elver laws and regulations are not in violation of this regulation.

55.35 Use of Draggers in Sheepscot Bay, Lincoln County

It shall be unlawful between the first day of November and the first day of the following February, to use a dragger or any other dragging apparatus, except standard scallop drags, for the taking of fish or lobsters from those parts of Sheepscot Bay, Sagadahoc and Lincoln Counties, in-shore from a line drawn from the southern end of Small Point to the southern end of Seguin Island; thence to the southern end of Pumpkin Island; thence to Ocean Point.

55.40 Fishing for Cod and Other Groundfish in Sheepscot Bay, Lincoln County

It shall be unlawful to fish for or to take, except with tub or line trawls or by ordinary hook and line, any cod or other ground fish from the waters of Sheepscot Bay that border on the Town of Georgetown, Sagadahoc County, and the Town of Southport, Lincoln County, from Griffith's Head in an easterly direction to lower Mark Island, thence in a southerly direction to the Cuckholds, thence in a northeasterly direction to Ocean Point.

55.50 Seining in Sasanoa River, Sagadahoc County

Fishing with the use of seines in the Sasanoa River below Bath from October 1^st to April 1^st is prohibited.

55.55 Fishing in Cathance and Abagadasset Rivers, Sagadahoc County

It shall be unlawful to use any type of net, seine, or trap in the tidal waters of the Cathance or Abagadasset Rivers and their tributaries in Sagadahoc County, from sunrise Saturday to sunrise the following Sunday during the period from ice out to June 1^st of each calendar year. During the aforementioned period, any weirs located in the Cathance or Abagadasset Rivers and their tributaries shall be modified to prevent the catching of fish.

55.56 Fishing for Suckers in the Towns of Bowdoinham and Topsham

It shall be unlawful to use any type of gear to fish for or take suckers from March 15^th to June 15^th of any year in the following described coastal waters in the Towns of Bowdoinham and Topsham as illustrated in the chart attached (Appendix A):

Abagedasset River. All coastal waters upstream of a line located 100 feet south of the Maine Central Railroad Bridge;

West Branch Cathance River. All coastal waters upstream of a line located 100 feet south of the Maine Central Railroad Bridge;

Shingleman's Creek. All coastal waters upstream of a line located 1,000 feet east of the Maine Central Railroad crossing;

All other Cathance River tributaries. All coastal waters upstream of a line located 100 feet east of the Maine Central Railroad crossing; and

Main stem of the Cathance River. All coastal waters upstream of a line located 100 feet east of the Maine Central Railroad Bridge.

55.59 Penobscot River Tributaries Fishing Closures

To be closed to all fishing July 1^st through September 30^th, both days inclusive:

Kenduskeag Stream. From the downstream side of the Maine Central Railroad bridge in Bangor to the Harlow Street Bridge.

Felts Brook. From the head of tide in Brewer downstream to the Penobscot River, and that portion of the Penobscot River on the easterly side of straight line drawn from a red painted rock situated on the downriver side of the mouth of Felts Brook to a red painted marker on the Bangor Dam fishway situated on the upriver side of the mouth of Felts Brook.

Meadow Brook. In Bangor and the Penobscot River within a 250 foot radius of the Maine Central Railroad abutments at the mouth of Meadow Brook.

Eaton Brook. From the head of tide in Brewer to the Penobscot River, and the Penobscot River within 250 feet of a red painted marker situated on the downriver side of the mouth of Eaton Brook.

55.60 Fishing in Narraguagus River, Washington County

It shall be unlawful to use any type of net or seine in the Narraguagus River and its tributaries from May 1^st to October 15^th of each year in that portion of the river between the so-called Great Bridge in the Town of Milbridge and the bridge at U.S. Route 1 in Cherryfield.

This section does not apply to the taking of river herring under 12 M.R.S. §6131, nor to the taking of river herring under any other law.

55.70 Fishing in Dennys River, Washington County

It shall be unlawful to use seine or gill nets in the Dennys River above a line drawn from Hinckley Point in the Town of Dennysville due south to a red painted post in the Township of Edmunds. A hand dip net with a bow not more than 2 l/2 feet in the largest diameter may be used between this line and the No. 1 Highway at the Upper Bridge, so-called, for the purpose of catching river herring during the open season and under the conditions and restrictions provided by the general laws of the State.

55.75 York County; Otter trawling in Spruce Creek

It shall be unlawful to fish with or to use any otter trawl in the coastal waters and tributaries of Spruce Creek in the Town of Kittery, York County, northerly and upstream of the Kittery Point Bridge.

55.80 Fishing in Bond, Kennebec County

All tidal waters of Bond Brook, Augusta, shall be closed to all fishing from the head of mean high tide to the mouth of the brook where it meets the Kennebec River located 150 feet (more or less) southeast of the downstream side of the Route 104, Northern Avenue Bridge.

55.85 Fishing in the Damariscotta River

From March 15^th through June 15^th inclusive, it shall be illegal to fish within 150 feet downstream of either end of the Railroad Bridge located east of the Route 215 bridge in Damariscotta Mills. This closure extends westward to include all tidal waters.

Exception. This closure shall not apply to the taking of river herring under 12 M.R.S. §6131.

55.93 Fixed Gill Nets: Tending Requirements, Kennebec/Androscoggin Rivers

A person may not use a gill net that is fixed or anchored to the bottom or shore in any tidal waters of the Kennebec River or the Androscoggin River or their tidal tributaries, including those tidal waters of Phippsburg, West Bath, Bath, Bowdoinham, Topsham, Dresden, Woolwich, Arrowsic, and Georgetown that are connected to the Kennebec River upstream from Fort Popham, unless that fixed gill net is tended continuously, hauled back and emptied at least once every 2 hours and is affixed with a floating marker that includes the name and address of the owner of the net.

55.94 Use of Gill Nets in the Kennebec and Androscoggin Rivers

It is unlawful to use a gill net in the Androscoggin River, Merrymeeting Bay and its tributaries, and the Kennebec River upstream of a line across the Kennebec River from Fort Popham in the Town of Phippsburg to a point opposite on the lower end of Georgetown.

Exceptions. The use of gill nets which do not exceed a maximum stretch mesh measure of 3 1/2 inches for the taking of menhaden, river herring, blueback herring, sea herring, and mackerel is exempted from this rule.

55.95 Fishing in Royal River, Yarmouth

It shall be unlawful to obstruct in any way by any net, seine, weir or other contrivance for taking fish, more than 1/3 part of the channel of the Royal River at mean low water inside and westerly of a line drawn from the most northerly point of Parker Point to the most easterly point of Browns Point in Yarmouth, Cumberland County. Furthermore, it shall be unlawful to take finfish from the coastal waters of the Royal River above the downstream side of the I-295 bridge except by dip net or hook and line.

55.96 Penobscot River Gear Restrictions

From May 1^st through November 15^th, both days inclusive, it is unlawful to use a gill net in the waters of the Penobscot River and its tributaries upstream of a line drawn from the old fertilizer plant dock at Sandy Point, in the Town of Stockton Springs, to the southern-most point of Verona Island, due east to a red painted post on the eastern shore of the Penobscot River in the Town of Orland.

Exceptions:

Municipalities which harvest river herring in accordance with the provisions of 12 M.R.S. §6131.

The use of gill nets which do not exceed a maximum size stretch mesh measure of 3½" for the taking of menhaden and other bait fish in the Eastern Channel of the Penobscot River between Orland and Verona Island, upstream to a line drawn from the southern extremity of Gross Point in the Town of Orland, south- westerly to Verona Island. The taking of river herring from any part of the Orland River above its confluence with the Penobscot River shall require written permission from the Town of Orland.

55.97 Fishing in the Kennebec River above the Gardiner/Randolph Bridge

It shall be unlawful to use any type of net or seine in the tidal waters of the Kennebec River above the Gardiner/Randolph Bridge. This regulation shall not apply to the taking of smelts or elvers by hand dip net or hook and line in accordance with DMR regulations Chapter 40.

55.98 Fishing in the Androscoggin River in Brunswick and Topsham

It shall be unlawful to fish or to possess fish or fish parts on the waters of the Androscoggin River from the area downstream of the "Brunswick Hydroelectric Project", to a line drawn between a point on shore 150 feet downstream from the fishway in Brunswick, north to the northeastern corner of the Route #201 bridge in Topsham. No person may have in their possession any fish spawn, grapnel, spear, hook and line, trawl, weir, gaff, seine, gill net, net, trap, or set line on the waters of the Androscoggin River within these boundaries.

55.99 Fishing in the Saco River above the Route 9/Main Street bridge between Saco and

Biddeford

It shall be unlawful to fish the waters of the Saco River upstream of the Route 9/Main Street bridge between Factory Island, Saco and Mechanics Park, Biddeford, to the head of tide, commonly known as the “Cataract Dam”.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §6171
EFFECTIVE DATE: October 10, 1979 – Section 55.79
EFFECTIVE DATE: AMENDED
EFFECTIVE DATE: May 23, 198 – Recodification, added Section 55.02
EFFECTIVE DATE: May 27, 1983 – Section 55.15(C) (EMERGENCY)
EFFECTIVE DATE: November 7, 1983 – Section 55.85 (EMERGENCY)
EFFECTIVE DATE: December 7, 1983 – Section 55.86 (EMERGENCY)
EFFECTIVE DATE: April 20, 1984 – Section 55.56
EFFECTIVE DATE: April 22, 1984 – Section 55.15(C)
EFFECTIVE DATE: August 14, 1984 – Section 55.80
EFFECTIVE DATE: November 3, 1984 – Section 55.85
EFFECTIVE DATE: April 15, 1985 – Section 55.95
EFFECTIVE DATE: October 16, 1985 – Section 55.85
EFFECTIVE DATE: December 31, 1985 – Section 55.31
EFFECTIVE DATE: March 26, 1986 – Section 55.95
EFFECTIVE DATE: August 24, 1986 – Section 55.85 repealed
EFFECTIVE DATE: May 3, 1987 – Section 55.05(D)
EFFECTIVE DATE: June 26, 1987 – Section 55.96 (EMERGENCY)
EFFECTIVE DATE: July 21, 1987 – Section 55.96 (EMERGENCY)
EFFECTIVE DATE: April 3, 1988 – Section 55.96
EFFECTIVE DATE: April 25, 1988 – Section 55.97
EFFECTIVE DATE: April 25, 1988 – Section 55.98
EFFECTIVE DATE: May 25, 1989 – Section 55.99 (EMERGENCY)
EFFECTIVE DATE: September 19, 1989 – Section 55.02 repealed
EFFECTIVE DATE: July 26, 1993 – Section 55.94
EFFECTIVE DATE: July 26, 1993 – End of Section 55.03
EFFECTIVE DATE: July 26, 1993 – Section 55.14
EFFECTIVE DATE: October 24, 1993 – Section 55.32
EFFECTIVE DATE: July 14, 1995 – Section 55.80 (EMERGENCY)
EFFECTIVE DATE: May 14, 1996 – Section 55.85
EFFECTIVE DATE: August 19, 1996 – Section 55.80
EFFECTIVE DATE: August 20, 1996 – Section 55.93
EFFECTIVE DATE: May 12, 1997 – Section 55.85
EFFECTIVE DATE: August 31, 1997 – Section 55.59
EFFECTIVE DATE: July 1, 2000 – Section 55.58 (EMERGENCY)
EFFECTIVE DATE: September 23, 2000 – Section 55.58 (Maj. Substantive provisional adoption)
EFFECTIVE DATE: July 14, 2001 – Section 55.58 (Maj. Substantive [final] adoption)
EFFECTIVE DATE: November 25, 2001 – Section 55.25 repealed
EFFECTIVE DATE: November 25, 2001 – Section 55.65 repealed
EFFECTIVE DATE: November 25, 2001 – Section 55.70(B) repealed
EFFECTIVE DATE: February 9, 2002 – Section 55.04 added
EFFECTIVE DATE: May 9, 2002 – Section 55.15(D) added (EMERGENCY, Expires August 7, 2002)
EFFECTIVE DATE: June 24, 2002 – Section 55.15
EFFECTIVE DATE: December 17, 2003 – Section 55.04(C)
EFFECTIVE DATE: April 27, 2004 – Section 55.03
EFFECTIVE DATE: August 22, 2004 – Section 55.04(B)(1) added
EFFECTIVE DATE: March 11, 2005 – Section 55.61 added (EMERGENCY, Expires June 9, 2005)
EFFECTIVE DATE: June 27, 2006 – Section 55.04(D) (expires December 31, 2007)
EFFECTIVE DATE: January 24, 2007 – Section 55.58
EFFECTIVE DATE: March 4, 2007 – Sections 55.06(A,B); 55.30
EFFECTIVE DATE: February 25, 2008 – Section 55.04(D)
EFFECTIVE DATE: July 20, 2009 – Section 55.90 (Expires June 1, 2010)
EFFECTIVE DATE: December 21, 2009 – Sections 55.20, 55.60, 55.97
EFFECTIVE DATE: June 21, 2010 – Section 55.90
EFFECTIVE DATE: September 20, 2010 – Section 55.90, moved to Chapter 41.30
EFFECTIVE DATE: October 26, 2010 – Sections 55.04, 55.06
EFFECTIVE DATE: July 23, 2012 – Sections 55.01, 55.03 55.06, 55.10, 55.20, 55.45, 55.56, 55.60, 55.70, 55.85,
EFFECTIVE DATE: 55.94, 55.95, 55.96, 55.98, 55.99
EFFECTIVE DATE: January 31, 2013 – Section 55.07 added (EMERGENCY, Expires May 2, 2013)
EFFECTIVE DATE: October 17, 2013 – Section 55.06(1)(D), 55.59 amended; Sections 55.07, 55.08 added; Section 55.30 deleted; Section 55.58 removed
EFFECTIVE DATE: March 21, 2014 – Section 55.07 amended (EMERGENCY, Expires June 18, 2014)
EFFECTIVE DATE: November 14, 2017 – Sections 55.30, 55.31, 55.32
EFFECTIVE DATE: March 15, 2020 – Section 55.05
EFFECTIVE DATE: June 10, 2023 – Section 55.99 (EMERGENCY, Expires September 8, 2023)
EFFECTIVE DATE: August 13, 2023 – Section 55.99
EFFECTIVE DATE: March 19, 2024 – Sections 55.01, 55.02 new; Sections 55.04, 55.05, 55.06 amended
EFFECTIVE DATE: April 22, 2025 – Section 55.01
EFFECTIVE DATE: August 19, 2026 – Section 55.98 – filing 2026-189

Chapter 60 Resource Management Plan

Code Me. R. 13-188 Ch. 60 Resource Management Plan {#sec-13-188-ch.-60 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 60}

TITLE INDEX

60.10 Kennebec River Fish Restoration Management Plan

60.20 Saco River Restoration Goals

60.21 Saco River Strategic Plan for Fisheries Management

60.10 Kennebec River Fish Restoration Management Plan

SUMMARY: The Strategic and Operational Plan outlines the Department of Marine Resource's plan for the restoration of American shad and alewives to their historical spawning and nursery areas in the Kennebec River above Augusta. The Strategic Plan identifies the Department's specific goals and objectives for fish restoration. The long term goal is to restore shad and alewives to their historical spawning and nursery areas above the Augusta dam. The objectives to be attained from this goal are to achieve an annual production of 6.0 million alewives and 725,000 American shad in the waters of the Kennebec River above the Augusta dam.

The Operational Plan provides detail on how the Department of Marine Resources intends to carry out its plan during the period 1986-1998 (Phase I). The Operational Plan includes a "Fish Passage Action Plan" which identifies relevant dams and specifies dates when upstream and downstream fish passage facilities will be constructed. The "Fish Passage Action Plan" reflects conditions mutually agreed upon by the Department of Marine Resources, Department of Inland Fisheries and Wildlife, Atlantic Sea-Run Salmon Commission, and a number of dam owners known as the Kennebec Hydro Developers Group (KHDG). During the time period covered by the Operational Plan (Phase II), the restoration methods consist of truck stocking of shad and alewives collected from various waters within and outside the state; selective passage of fish over the Augusta dam; and trapping of alewives and Atlantic salmon at the Augusta dam for trucking around selected upriver dams. A complete copy of the Plan may be obtained from:

Department of Marine Resources

Anadromous Fish Division

State House Station #21

Augusta, Maine 04333

60.20 Saco River Interim Restoration Goals

SUMMARY: The Saco River Strategic Plan for Fisheries Management represents the long-term management goals of the Maine D.M.R., I.F.& W., A.S.R.S.C., and U.S. Fish and Wildlife Service. The management goals of the Department of Marine Resources are reflected in the document references to American shad, alewife, blueback herring, rainbow smelt, American eel, and striped bass. The two fish species of primary concern which would require improvements in passage above the Cataract Project include the American shad and alewife. A public hearing on the D.M.R. portion of the original plan was held in Saco, Maine, on March 31, 1987. Based on the public comment received at the hearing, the D.M.R. provides further information and clarification of its fishery restoration intentions as follows:

The Saco River restoration of shad and alewives will be accomplished by using residual stocks of these species which currently exist below the Cataract Dam. The high priority stocking programs on the Androscoggin and Kennebec Rivers require all other stocks of shad and alewives currently available to D.M.R. If additional stocks become available, the next priority would be to augment shad and alewife stocks in the Penobscot River.

The interim Saco River restoration goals of the D.M.R., encompassing the period from 1987-2002, are to provide American shad access to the Saco River immediately downstream of the Skelton Project and to utilize the Skelton headpond and downstream areas for production of alewives. These goals can be achieved by the following methods:

Provide fish passage (upstream and downstream) for American shad at the Cataract Project, including Spring and Bradbury Dams;

Release up to 15,000 adult alewives above the Cataract Dam for utilization of spawning habitat below Skelton Dam;

Truck stock up to 10,000 alewives, over and above the 15,000 passed at the Cataract, to the Skelton Dam impoundment; and

Provide for downstream passage at the Skelton Project.

Following the end of the 15-year interim restoration program period, the DMR will reevaluate restoration goals, the status of existing shad and alewife stocks in the Saco River, and make appropriate recommendations to the Central Maine Power Company. The use of any New Hampshire waters (Ossippee and Little Ossippee Rivers) for production of American shad and alewives will be mutually agreed upon by Maine and New Hampshire fishery agencies prior to the introduction of these species into New Hampshire waters.

60.21 Saco River Strategic Plan for Fisheries Management

Amendment One to the Saco River Strategic Plan for Fisheries Management dated March 8, 1994, establishes time tables and criteria under which upstream and downstream fish passage facilities will be constructed at main stem Saco River dams. this Amendment also provides for interim trap and truck of anadromous (sea-run) fish until such time as permanent fish passages are provided at dams which currently lack passage. The DMR and other fishery agencies intend to sign an agreement with the Central Maine Power Company to facilitate implementation of Amendment One to the Saco River Plan. Amendment One to the Saco River Plan is hereby incorporated by reference into Regulation 60.21. Copies of Amendment One are on file with the Department of Marine Resources and available upon request.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §6171(2-A)
EFFECTIVE DATE: November 9, 1985 (EMERGENCY)
AMENDED: February 14, 1987 – Section 60.10
AMENDED: April 25, 1988 – Section 60.20
AMENDED: May 25, 1994 – Section 60.21
EFFECTIVE DATE (ELECTRONIC CONVERSION): February 24, 1997
NONSUBSTANTIVE CORRECTIONS: February 28, 2000 - converted to MS Word
NONSUBSTANTIVE CORRECTIONS: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
NONSUBSTANTIVE CORRECTIONS: September 3, 2026

Chapter 65 Burnt Island, Living Lighthouse and Facilities

Code Me. R. 13-188 Ch. 65 Burnt Island, Living Lighthouse and Facilities {#sec-13-188-ch.-65 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 65}

TITLE INDEX

65.01 Definitions

65.02 Restrictions

65.01 Definitions

Burnt Island and Burnt Island Living Lighthouse. These terms mean and refer to the Burnt Island Lighthouse Station and Burnt Island (Island) property located in Southport, Maine. Ownership of this historic site was transferred from the U.S. Coast Guard in 1998 to the Department of Marine Resources (DMR) as part of the Maine Lights Program. The island and facilities located there are part of the education outreach program operated by the DMR Education program.

Authorized DMR personnel. “Authorized DMR personnel” means the DMR Burnt Island Manager, Director of the Bureau of Resource Management, Aquarium Director, Bureau of Marine Patrol Officer and other DMR personnel authorized by the Commissioner.

65.02 Restrictions

Hours of use. Burnt Island is open to the public between 10:00 a.m. to 5:00 p.m. daily between April 15^th and October 15^th unless posted otherwise due to safety, operational or environmental constraints. Overnight and after hours activities are prohibited without prior written permission from authorized DMR personnel.

Use. Activities which endanger persons or property are prohibited. The removal of driftwood, rocks or stones from the island is prohibited. Any activity which may cause damage to the natural environment of the Island, or buildings located on it, is prohibited. Public rest rooms are provided and are the only approved toilet facilities to be used while on Burnt Island. All persons visiting the Island must stay on marked trails and in areas posted as open for public access, unless written permission otherwise is obtained from authorized DMR personnel.

Reservations. Commercial operators, tour groups, and visitors in groups with over 15 individuals shall make advance reservations. Contact the DMR Burnt Island Manager, PO Box 8, West Boothbay Harbor, Maine 04575; telephone (207) 633-9500; or web address: http://www.maine.gov/dmr/education/burntisle.htm.

Fee. Commercial operators visiting the Island not participating in a DMR established program shall pay the fee established by the Commissioner.

Conduct. All visitors must conduct themselves in a manner that does not impair the reasonable use and enjoyment of the Island by others. No person shall disrupt any educational program being presented by the DMR on the Island which is in progress.

Moorings and dock use. Mooring use is limited to daytime only, and shall not exceed two hours maximum in duration. Night time use of the mooring is prohibited. Dock use for tie up is limited to daytime only, and shall not exceed two hours maximum in duration. Night time use of the dock is prohibited. Longer term use and exception to the prohibitions may be allowed by written permission from authorized DMR personnel.

Pets. Pets must be on a leash not exceeding four feet in length and must not be left unattended. Pet owners must immediately clean up any fecal deposits left by their pets.

Wildlife. No feeding of wildlife including seagulls, ducks, etc., is allowed.

No burning. Fire of any kind such as campfires or charcoal fires is prohibited.

Smoking prohibited. Smoking is prohibited anywhere on Burnt Island including but not limited to the docks, shoreline, buildings, etc.

Trash. Burnt Island visitors shall be responsible for carrying out all their refuse.

Alcoholic beverages are prohibited. Disorderly conduct is prohibited. This includes, but is not limited to, indecent acts, intoxication or coarse language.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §§ 6030, 6030-A
EFFECTIVE DATE: October 24, 2005 – filing 2005-424
EFFECTIVE DATE: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
EFFECTIVE DATE: September 3, 2026

Chapter 70 Cable Area Prohibitions

Code Me. R. 13-188 Ch. 70 Cable Area Prohibitions {#sec-13-188-ch.-70 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 70}

TITLE INDEX

70.01 Hancock County, Dragging Prohibited in Cable Areas

70.10 Washington County, Cable Area Dragging and Trawling Prohibition

70.01 Hancock County, Dragging Prohibited in Cable Areas

This rule establishes the location of two submarine electric cables owned by the Isle au Haut Electric Power Cable Company running from Stonington, Maine, to Isle au Haut and from Kimball Island to Isle au Haut. The rule makes it unlawful to use any drag or trawl along the seabed in any waters within the limits of the cable areas between Stonington and Isle au Haut, and between Kimball Island and Isle Au Haut, Hancock County.

70.10 Washington County, Cable Area Dragging and Trawling Prohibition

It shall be unlawful to operate any watercraft when towing a drag or trawl within the following area: Starting from the most Northern point on Squires Point, Roque Island, Jonesport; thence westerly 310 degrees mag. to the Eastern shore of Jonesport (Northern Line). From 550 yards + Southerly from the Northern point on Squires Point, Roque Island, Jonesport; thence Westerly 310 degrees mag. to the Eastern shore of Jonesport (Southern Line).

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §6954
EFFECTIVE DATE: November 5, 1984 (EMERGENCY)
AMENDED: May 1, 1985 – Section 70.01
AMENDED: July 27, 1986 – Section 70.10
AMENDED: September 19, 1989 – Section 70.10
EFFECTIVE DATE (ELECTRONIC CONVERSION): February 24, 1997
NONSUBSTANTIVE CORRECTIONS: February 28, 2000 - converted to MS Word
NONSUBSTANTIVE CORRECTIONS: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
NONSUBSTANTIVE CORRECTIONS: September 3, 2026

Chapter 75 Protected Resources

Code Me. R. 13-188 Ch. 75 Protected Resources {#sec-13-188-ch.-75 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 75}

TITLE INDEX

75.01 Definitions

75.02 Trap/Pot Fisheries Gear Restrictions

75.03 Gillnet Gear Restrictions

75.01 Definitions

In addition to the definitions set forth in 1 M.R.S.A. §§ 71 and 72 and 12 M.R.S.A. §6001, the following definitions shall apply in this chapter.

Area 1. “Area 1” means EEZ Nearshore Management Area 1, for Lobster Management Areas, that is defined by the area, including state and federal waters that are near-shore in the Gulf of Maine, bounded by straight lines connecting the following points, in the order stated, and the coastline of Maine, New Hampshire, and Massachusetts to the northernmost point on Cape Cod:

Point Latitude Longitude

A............................. 43 deg. 58[min] N. 67 deg. 22[min] W.

B............................. 43 deg. 41[min] N. 68 deg. 00[min] W.

C............................. 43 deg. 12[min] N. 69 deg. 00[min] W.

D............................. 42 deg. 49[min] N. 69 deg. 40[min] W.

E............................. 42 deg. 15.5[min] N. 69 deg. 40[min] W.

G............................. 42 deg. 05.5[min] N. 70 deg. 14[min] W.

G1........................... 42 deg. 04.25[min] N. 70 deg. 17.22[min] W.

G2........................... 42 deg. 02.84[min] N. 70 deg. 16.1[min] W.

G3........................... 42 deg. 03.35[min] N. 70 deg. 14.2[min] W.

Along the coastline of Massachusetts, New Hampshire, Maine, and the seaward EEZ boundary back to point A. (50 CFR 697.18(a))

ALWTRP. “ALWTRP” stands for the federal Atlantic Large Whale Take Reduction Plan. The federal citation for these rules is 50 CFR Wildlife and Fisheries, CHAPTER II National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce, Subchapter C Marine Mammals, Part 229 Authorization for Commercial Fisheries Under the Marine Mammal Protection Act of 1972. (50 CFR Part 229, 64 FR 7552, effective February 16, 1999) Also see http://www.greateratlantic.fisheries.noaa.gov/Protected/whaletrp/.

NOAA Fisheries Assistant Administrator contact information:

NOAA Fisheries Service

Greater Atlantic Regional Fisheries Office

55 Great Republic Drive

Gloucester, MA 01930-2276

Web site: http://www.greateratlantic.fisheries.noaa.gov/Protected/whaletrp/.

State of Maine Exemption Line or Exemption Line. “State of Maine Exemption Line” or “Exemption Line” means the area landward, to within the rise and fall of the tide, of a line which connects the following 25 numbered coordinates from the Maine/New Hampshire Border to Maine/Canadian Border:

Odiornes Pt. Portsmouth NH: 43° 02.55' N 70° 43.33' W
R 2KR Whistle - Kittery Point: 43° 02.93' N 70° 41.47' W
N 2MR - Murray Rock: 43° 04.06' N 70° 36.70' W
43° 20.23' N 70° 23.64' W
43° 27.63' N 70° 17.48’ W
43° 31.52' N 70° 08.41' W
RG N BS - Bulwark Shoal: 43° 36.04' N 70° 03.98' W
R 20ML Bell - Mile Ledge: 43° 41.44' N 69° 45.27' W
R 2BR Bell - Bantam Rock: 43° 43.64' N 69° 37.58' W
GR C PL - Pemaquid Ledge: 43° 48.96' N 69° 31.15' W
R 2 OM Whistle - Old Man Ledge: 43° 50.28' N 69° 18.86' W
G 5TB Bell - Two Bush Channel: 43° 56.72' N 69° 04.89' W
R 2A Bell - Old Horse Ledge: 43° 59.83' N 68° 50.06' W
R 2 Bell - Roaring Bull Ledge, Isle Au Haut: 43° 59.36' N 68° 37.95' W
Southern point Great Duck I: 44° 08.36' N 68° 14.75' W
R 8BI Whistle - Baker I: 44° 13.55' N 68° 10.71' W
R 2S Bell - Schoodic I: 44° 19.08' N 68° 02.05' W
R N 2 - Petit Manan I: 44° 21.66' N 67° 51.78' W
R 2SR Bell - Seahorse Rock, west of Great Wass I: 44° 25.74' N 67° 38.39' W
Freeman Rock - east of Great Wass I: 44° 27.77' N 67° 32.86' W
Obstruction - southeast of Cutler: 44° 37.70' N 67° 09.75' W
R 28M Whistle - Baileys Mistake: 44° 45.51' N 67° 02.87' W
R N 2 - Morton Ledge: 44° 47.36' N 66° 59.25' W
G 1 Whistle - West Quoddy Head: 44° 48.64' N 66° 56.43' W
R N 2 - Quoddy Narrows: 44° 49.67' N 66° 57.77' W

Maine Silver Area or Silver. “Maine Sliver Area” or the “Sliver” means the area between the State of Maine Exemption Line and the 3-mile limit, as identified on National Oceanographic and Atmospheric Administration nautical charts.

Maine Six-Mile Line. The “Maine Six-Mile Line” waters are defined for a minimum number of traps per trawl and are as follows:

The Maine Six-Mile Line is a line connecting the following points (Machias Seal to Isles of Shoals).

44°31.98´ N. lat., 67°9.72´ W. long (Machias Seal)

44°3.42´ N. lat., 68°10.26´ W. long (Mount Desert Island)

43°40.98´ N. lat., 68°48.84´ W. long (Matinicus)

43°39.24´N. lat., 69°18.54´ W. long (Monhegan)

43°29.4´ N. lat., 70°5.88´ W. long (Casco Bay)

42°55.38´ N. lat., 70°28.68´ W. long (Isles of Shoals)

Maine pocket waters. The Maine pocket waters are defined for a minimum number of traps per trawl and are as follows:

West of Monhegan Island in the area north of the line 43°42.17´N. lat., 69°34.27´ W. long and 43°42.25´N. lat., 69°19.3´ W. long

East of Monhegan Island in the area located north of the line 43°44° N. lat., 69°15.08° W. long and 43°48.17´ N. lat., 69°8.02´ W. long

South of Vinalhaven Island in the area located west of the line 43°52.31° N. lat., 68°40° W. long and 43°58.12´ N. lat., 68°32.95´ W. long

South of Bois Bubert Island in the area located northwest of the line 44°19.27´ N. lat., 67°49.5´ W. long and 44°23.67´N. lat., 67°40.5´ W. long

Trap trawl regulatory requirements relative to the three-mile line shall be based on the “three nautical mile line” as depicted on NOAA nautical charts.

Trap trawl regulatory requirements relative to the twelve-mile line shall be based on the “territorial sea and contiguous zone” line as depicted on NOAA nautical charts.

Maine Zone A East. “Maine Zone A East” is defined as the portion of Lobster Zone A whose western boundary runs along the 67°18.00' W longitude line to Cross Island and whose eastern and offshore boundaries follow the International Boundary Line between Canada and Maine extending to and following the Exclusive Economic Zone boundary to approximately 44°8’ N. lat., 67°18.00’ W long.

Maine Zone A West. “Maine Zone A West” is defined as the portion of Lobster Zone A whose eastern boundary is the 67°18.00' W longitude line to Cross Island and whose western boundary is equivalent to that of the western boundary of Zone A (see Chapter 25.92). The offshore boundary is the LMA 1/3 boundary.

LMA1 Restricted Area. “LMA1 Restricted Area” is defined as by the following coordinates and falls within the offshore portions of Maine Zones C, D, and E.

69° 36.77´ W 43° 06.00´ N
68° 21.60´ W 43° 44.00´ N
68° 17.27´ W 43° 32.68´ N
69° 32.16´ W 42° 53.52´ N
69° 36.77´ W 43° 06.00´ N

75.02 Trap/Pot Fisheries Gear Restrictions

- 1. The following trap/pot fishing gear restrictions shall apply:

Universal requirements in coastal waters. All persons who fish lobster gear and trap/pot fisheries (including but not limited to all crab species, hagfish, finfish, whelk, and shrimp) within Maine’s coastal waters shall comply with the following federal universal requirements for the ALWTRP:

No floating line at the surface; and

No wet storage of gear over 30 days.

Waters to the exemption line

All persons who fish lobster gear or other trap/pot gear in Maine’s coastal waters from the head of tide to the Exemption Line shall comply with one of the following ALWTRP options:

Option 1. All buoys must be attached to the buoy line with a weak link having a breaking strength no greater than 600 pounds (272.4 kg). Weak links may include swivels, plastic weak links, rope of the appropriate breaking strength, hog rings, rope stapled to a buoy stick, or devices approved in writing by the NOAA Fisheries Assistant Administrator (See contact information in 75.01(3)). In addition, the weak link must be designed so that the bitter end of the buoy line is clean and free of knots when the weak link breaks; or

Option 2. All buoy lines must be made entirely of sinking line; or

Option 3. All ground lines must be made entirely of sinking line.

All buoy lines must be marked with three (3) purple marks: one at the top of the buoy line, one midway along the buoy line, and one at the bottom of the buoy line. The mark at the top of the buoy line must be 36 inches and must be in the top two fathom of buoy line. The middle and bottom marks must be 12 inches. Each color code must be permanently affixed on or along the line and the color code must be clearly visible when the gear is hauled or removed from the water.

Exception. Vertical lines less than 100 ft. in length may be marked with only two (2) purple marks: one at the top of the buoy line and one at the bottom of the buoy line. The mark at the top of the buoy line must be 36 inches and must be in the top two fathom of the buoy line. The bottom mark must be 12 inches. Each color code must be permanently affixed on or along the line and the color code must be clearly visible when the gear is hauled or removed from the water.

It is unlawful to fish lobster gear within Maine’s coastal waters inside the Exemption Line which has a buoy line marked with a green mark.

All buoy lines must have a 1700-pound weak insertion 50% of the way down the vertical line or approved 1700-pound breaking strength line in the top 50% of the vertical line. A manufactured weak link or weak rope may be attached in whatever manner a fisherman selects. A list of NOAA approved manufactured 1700-pound weak rope and 1700-pound weak insertions can be found at this website: https://www.fisheries.noaa.gov/new-england-mid-atlantic/marine-mammal-protection/approved-weak-inserts-and-line-atlantic-large. In addition, a weak insertion can include:

A buoy line comprised of 5/16^th rope which includes an in-line overhand knot 50% of the way down the vertical line.

A buoy line comprised of 5/16^th rope in the top 50% of the vertical line and is connected to the bottom 50% of the vertical line with a fisherman’s knot or sheet bend knot.

A 3-foot section of 5/16^th rope which is incorporated into the vertical line 50% of the way down, and is connected with a fisherman’s knot or sheet bend knot.

Sliver area.All persons who fish lobster gear or other trap/pot fisheries in the Maine Sliver Area, shall comply with each the following ALWTRP requirements:

All buoys, floatation and/or weighted devices may be attached to the buoy line with a weak link having a breaking strength no greater than 600 pounds (272.4 kg). Weak links may include swivels, plastic weak links, rope of the appropriate breaking strength, hog rings, rope stapled to a buoy stick, or devices approved in writing by the NOAA Fisheries Assistant Administrator (See contact information in Chapter 75.01(3)). In addition, the weak link must be designed so that the bitter end of the buoy line is clean and free of knots when the weak link breaks plus each weak link must be installed as close to the buoys, floatation and/or weighted device as possible.

All buoy lines must be marked with three (3) purple marks, one at the top of the buoy line, one midway along the buoy line, and one at the bottom of the buoy line. The mark at the top of buoy line must be 36 inches long and must be in the top two fathom of buoy line. The middle and bottom marks must be 12 inches in length. Each color code must be permanently affixed on or along the line and the color code must be clearly visible when the gear is hauled or removed from the water.

It is unlawful to fish lobster gear within the Sliver Area which has a buoy line marked with a green mark.

All buoy lines must have a 1700-pound weak insertion 50% of the way down the vertical line or approved 1700-pound breaking strength line in the top 50% of the vertical line. A list of NOAA approved manufactured 1700-pound weak rope and 1700-pound weak insertions can be found at this website: https://www.fisheries.noaa.gov/new-england-mid-atlantic/marine-mammal-protection/approved-weak-inserts-and-line-atlantic-large.

Multiple traps only – no single traps allowed. See section 5 below for minimum number of traps per trawl; except as identified for Zones C, D, and E in section 5 below. Trawls with less than or equal to 5 traps may only possess 1 buoy line.

The attachment of buoys, toggles or other floatation devices is prohibited on ground lines.

Ground lines. All ground lines must be composed entirely of sinking line.

Sink rope means, for both ground lines and buoy lines, line that has a specific gravity greater than or equal to 1.030, and, for ground lines only, does not float at any point in the water column.

Fishermen are encouraged, but not required, to maintain knot-free buoy lines.

Federal waters. All persons who fish lobster gear or other trap/pot gear in Maine’s coastal waters southerly of the Three Mile Limit, or as shown on NOAA, National Ocean Survey nautical charts, and within Area 1, must comply with each of the following ALWTRP requirements:

All buoy lines must be marked with four (4) purple marks. There must be three 12-inch marks, one at the top of the buoy line, one midway along the buoy line, and one at the bottom of the buoy line. In addition, each buoy line must be marked with a 36-inch purple mark in the top two fathom of buoy line. Each color code must be permanently affixed on or along the line and the color code must be clearly visible when the gear is hauled or removed from the water.

All buoy lines must be marked with four (4) 12 inch green marks. Each green mark must be placed adjacent to, and within 6 inches, of the four purple marks along the buoy line.

All buoy lines must have 1700-pound weak insertion(s) or approved 1700-pound breaking strength line at the location and frequency specified by Zone and distance from shore below. A list of NOAA approved manufactured 1700-pound weak rope and 1700-pound weak insertions can be found at this website: https://www.fisheries.noaa.gov/new-england-mid-atlantic/marine-mammal-protection/approved-weak-inserts-and-line-atlantic-large.

The 1700-pound weak link insert requirements by location are as follows;

ME Zone A West*, B, C, D, E; Federal Waters 3–12 nm: 2 weak inserts at 25% and 50% down the line OR top 50% of buoy line weak rope

ME Zone A East*, F, and G; Federal Waters 3–12 nm: 1 weak insert 33% down the line

Beyond 12 nm: 1 weak insert 33% down the line

Zone A East and Zone A West are defined in Chapter 75.01 (10) and (11).

Multiple traps only – no single traps allowed; See section 5 below for minimum number of traps per trawl; trawls of 5 or fewer traps must have only one buoy line.

The attachment of buoys, toggles or other floatation devices is prohibited on ground lines.

Ground lines. All ground lines must be composed entirely of sinking line.

Sink rope means, for both ground lines and buoy lines, line that has a specific gravity greater than or equal to 1.030, and, for ground lines only, does not float at any point in the water column.

Fishermen are encouraged, but not required, to maintain knot-free buoy lines.

Minimum number of traps per trawl.In Maine, trap trawl requirements are based on the enforcement lines defined in Chapter 75.01 and the Maine lobster management zones defined in Chapter 25.94. Pocket waters* will follow the trawl minimums in their respective zones between the exemption line and the 3-mile line. State water trawl maximums can be found in Chapter 25.04. See each individual management area for details on the traps per trawl requirements:

ZONE

EXEMPTION LINE TO 3NM

3 TO 6 NM*

6 TO 12 NM*

BEYOND 12 NM

Zone A East*

3 for 1 line

10 for 1 line

20 for 2 lines

10 for 1 line

20 for 2 lines

25 for 2 lines

Zone A West*

3 for 1 line

4 for 1 line

8 for 2 lines

8 for 1 line

15 for 2 lines

25 for 2 lines

Zone B

3 for 1 line

5 for 1 line

10 for 2 lines

25 for 2 lines

Zone C

2 for 1 line

4 for 2 lines

5 for 1 line

10 for 2 lines

10 for 1 line

20 for 2 lines

25 for 2 lines

Zone D

2 for 1 line

4 for 2 lines

5 for 1 line

10 for 2 lines

5 for 1 line

10 for 2 lines

25 for 2 lines

Zone E

2 for 1 line

4 for 2 lines

5 for 1 line

10 for 2 lines

5 for 1 line

10 for 2 lines

25 for 2 lines

Zone F

3 for 1 line

5 for 1 line

10 for 2 lines

5 for 1 line

10 for 2 lines

25 for 2 lines

Zone G

3 for 1 line

5 for 1 line

10 for 2 lines

10 for 1 line

20 for 2 lines

25 for 2 lines

The Six-Mile Line and Pocket Waters are defined in Chapter 75.01(6 and 7). The

three-mile and 12-mile lines are also established in Chapter 75.01(8 and 9).

Zone A East and Zone A West are defined in Chapter 75.01 (10 and 11) .

Exception. Those fishing in waters within ¼ mile of Monhegan Island, Matinicus Island Group, (Metinic Island, Little Green Island, Large Green Island, Seal Island, Wooden Ball Island, Matinicus Island and Ragged Island (Criehaven) and Isles of Shoals Island Group (Duck Island, Appledore Island, Cedar Island, and Smuttynose Island) are exempt from the minimum trap per trawl requirements. Single traps are permitted within ¼ mile from these islands.

- 1. The following restricted area will be closed to the use of persistent buoys lines.

The LMA1 Restricted Area* is closed to the use of buoy lines from October 1 to January 31 annually. Gear that does not use persistent buoy lines, such as “ropeless” gear that retrieves trap/pot trawls when the vessel is on-site, is allowed in these areas for research purposes with appropriate state and federal permits.

LMA1 Restricted Area is defined in Chapter 75.01 (12).

75.03 Gillnet Gear Restrictions

The following gillnet gear restrictions shall apply:

Sliver area and federal waters. All persons who fish gillnet gear in the Maine Sliver Area, shall comply with the following requirements for the ALWTRP:

No floating line at the surface.

No wet storage of gear over 30 days.

Buoy lines must be marked with a green, 4-inch mark midway on the buoy line.

The license-holder’s name, homeport, and license number must be clearly displayed on every gillnet marking buoy for Commercial Fishing, Commercial Pelagic and Anadromous and Menhaden license holders.

All buoys, floatation and/or weighted devices must be attached to the buoy line with a weak link having a maximum breaking strength no greater than 1,100 pounds (498.95 kg).

All gillnets, regardless of the number of net panels, must be anchored with the holding power of not less a 22-lb Danforth-style anchor at each end of the net string (must be burying anchor; no dead weights).

Each net panel must be configured with five or more weak links, depending on the panel length, with a breaking strength no greater than 1,100 pounds (498.95 kg). The weak link placement must meet on of two configurations:

Configuration 1. For all variations in panel size:

One weak link must be placed in the center of each of the up and down lines at both ends of the net panel; and
One weak link must be placed as close as possible to each end of the net panels on the floatline.
For net panels 50 fathoms or less in length: One weak link must be placed in the center of the floatline.
For net panels greater than 50 fathoms: One weak link must be placed at least every 25 fathoms alone the floatline.

Configuration 2. For all variations in panel size:

One weak link must be placed in the center of each of the up and down lines at both ends of the net panel; and
One weak link must be placed between floatline tie-loops between net panels; and
One weak link must be placed where the floating tie-loops attach to the bridle, buoy line, or groundline at each end of the net string.
For net panels 50 fathoms or less in length: One weak link must be placed in the center of the floatline.
For net panels greater than 50 fathoms: One weak link must be placed at least every 25 fathoms alone the floatline.

Exceptions. Individual weak links are not required in locations where rope of appropriate breaking strength is used. Additionally, if no up and down line is present then weak links are not required at that location.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §6171
EFFECTIVE DATE: July 22, 2008 – filing 2008-31
AMENDED: February 16, 2009 – Section 75.02(A) – filing 2009-53
AMENDED: October 26, 2010 – Section 75.03(A)(1)(d) – filing 2010-512
AMENDED: May 13, 2015 – Sections 75.01(A)(2,3), 75.02(A)(2), 75.02(A)(3)(b), 75.02(A)(4)(b,g)
AMENDED: amended; Sections 75.01(A)(6-9), 75.02(3)(f,g), 75.02(A)(5) added – filing 2015-087
AMENDED: November 13, 2019 – Sections 75.02(A)(2)(2,3), 75.02(A)(3)(b-d), 75.02(A)(4)(b-d) – filing 2019-201
AMENDED: April 21, 2020 – Section 75.02(A)(2)(2) – filing 2020-097
AMENDED: May 1, 2022 – Sections 75.01(10-12), 75.02(A), 75.02(3-5), 75.03(A) – filing 2022-072
AMENDED: August 13, 2023 – Section 75.01(A)(4) – filing 2023-129
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 80 Commercial Pelagic and Anadromous Fishing License

Code Me. R. 13-188 Ch. 80 Commercial Pelagic and Anadromous Fishing License {#sec-13-188-ch.-80 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 80}

TITLE INDEX

80.01 Definitions

80.02 Licensed Activities – Crew

80.01 Definitions

Direct Supervision. “Direct Supervision” means to be present and on site when the licensed activity is taking place and within close contact whereby the license holder is able to observe and interact with a declared crew member (maintained on a list in accordance with Chapter 80.02(2)) verbally without the use of electronics.

80.02 Licensed Activities – Crew

A Commercial Pelagic and Anadromous Fishing License with crew, issued pursuant to 12 M.R.S. §6502-A, authorizes unlicensed crew members to engage in all commercial pelagic and anadromous fishing activities pursuant to that license when aboard the licensee’s boat.

A Commercial Pelagic and Anadromous Fishing License with crew also authorizes up to five (5) unlicensed crew members to be declared when acting under the direct supervision of the license holder when no vessel is utilized for the fishing activity, such as in the alewife fishery. The holder of this license with crew must keep a written record of the names of all declared crew members on his/her person during each day’s fishing activities, i.e. listed crew members. This written list must be available for inspection by Department personnel at all times. This list may be changed daily, but may never include more than five (5) crew members.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §§6171, 6502-A
EFFECTIVE DATE: October 26, 2010 – filing 2010-506
EFFECTIVE DATE: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
EFFECTIVE DATE: September 3, 2026

Chapter 85 Saltwater Fishing Registry

Code Me. R. 13-188 Ch. 85 Saltwater Fishing Registry {#sec-13-188-ch.-85 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 85}

TITLE INDEX

85.01 Definitions

85.02 Possession of Saltwater Recreational Fishing Registration

85.05 Reporting

85.01 Definitions

Except as modified, the definitions contained in 12 M.R.S. §6001 shall apply to this Chapter, in addition to the following:

Contact information. “Contact information” for the Department of Marine Resources, unless otherwise noted, means the Department of Marine Resources (DMR), Recreational Fisheries Coordinator, PO Box 8, West Boothbay Harbor, ME 04575-0008; telephone (207) 633-9500; fax: (207) 633-9579.

85.02 Possession of Saltwater Recreational Fishing Registration

Any individual engaged in recreational saltwater fishing in the coastal waters of the state of Maine must possess a current, valid saltwater fishing registration and present it upon request to a Marine Patrol Officer or any other authorized personnel. Individuals who are exempted from the recreational saltwater fishing registration requirement as set forth in 12 M.R.S. §6312(3) must provide proof that they meet one of the exemptions.

85.05 Reporting

In accordance with 12 M.R.S. §6312(5) a person who holds a recreational fishing operator’s license and owns a private dock, pier or wharf and makes that wharf available to customers for recreational fishing as part of a commercial enterprise shall report the name, address, date of birth and telephone number of those persons fishing from their private dock, pier or wharf.

All data and reports shall be submitted to the Department by the 10^th day of the following month; for example, reports for the month of June must be submitted in time for the report to arrive at the Department by July 10^th, unless otherwise noted. All data sent to DMR must be legible, coherent and in conformance with DMR specified standards on forms specified by the DMR.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §6312
EFFECTIVE DATE: December 20, 2010 – filing 2010-622
AMENDED: November 22, 2011 – Section 85.01 amended; Section 85.02 added; Sections 85.02, 85.03,
AMENDED: 85.04 removed and repealed – filing 2011-411
AMENDED: July 3, 2014 – Section 85.02 added – filing 2014-140
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 90 Conservation Areas

Code Me. R. 13-188 Ch. 90 Conservation Areas {#sec-13-188-ch.-90 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 90}

TITLE INDEX

90.02 Lincoln County

90.20 Hancock County

90.02 Lincoln County

Boothbay, conservation area III. Commencing on June 24, 1960, it shall be unlawful to dig or take in any manner any European oysters from portions of Boothbay and tributary bays and the Sheepscot River and tributary bays in the Towns of Boothbay, Boothbay Harbor, and Southport, Lincoln County, designated and described as follows: All shores, flats and waters inside of a line drawn from the southernmost point of Ocean Point, Linekin Neck, southwesterly to the Coast Guard light station located on the Cuckholds, thence northwesterly to lower Mark Island, thence northerly to Upper Mark Island in the Sheepscot River, thence easterly to the mainland end of the Hodgdon Island Bridge.

Newcastle, conservation area I. It shall be unlawful to dig or take in any manner any oysters from all shores, flats and waters of that portion of the Marsh River in the Town of Newcastle, Lincoln County, including the outfall of Sherman Lake, southerly of the railroad bridges across the Marsh River. Nothing herein shall prevent any person from removing seed oysters from the waters of the area; provided the seed oysters are taken or collected in the following manner: In or on bags, crates, strings of shell or other collecting material. The bags, crates, strings of shell or other collecting material shall at all times be attached to a raft, floating car or other floating devices anchored in this area of the river for the purpose of collecting seed oysters.

Wiscasset

Conservation Area I. It shall be unlawful to dig or take in any manner any marine worms, clams, quahogs, mussels and oysters from all shores, flats and waters of a portion of Sheepscot River, Wiscasset, Lincoln County, bounded on the south by Route No. 1 Highway, on the east by the river channel, on the north by the stone pilings out to the river channel (approximately 192 yards from the Route No. 1 Highway), and on the west by the Maine Central Railroad property.

Conservation Area II . (Repealed effective October 31, 1999)

90.20 Hancock County

Taunton Bay management area (Hancock, Sullivan, and Franklin)

Description. All territorial waters north (inland) of Sullivan Falls also known as Tidal Falls between the Towns of Hancock and Sullivan. The line will be the shortest distance at mean high water between Falls Point, Sullivan and Tidal Falls Conservancy Property, Hancock.

Restrictions and compliance. It shall be unlawful to take or possess by drag any marine organism except mussels within the Taunton Bay Management Area (TBMA); except that dragging may occur in this area on aquaculture leases issued pursuant to 12 M.R.S.A. §6072, §6072-A, or 6072-B, or a limited-purpose aquaculture (LPA) license pursuant to 12 M.R.S.A. §6072-C. Dragging for mussels within the area shall be in accordance with Chapter 90.20(1)(B)(1) and (2) below:

Sensitive areas. The Department shall post on its website the location of all sensitive areas in the TBMA vulnerable to dragging (including but not limited to horseshoe crab over wintering areas, kelp beds, eelgrass beds, aquaculture leases or LPA’s, and intake or outflow pipes if known);

Eligibility. To be eligible to drag for mussels within the TBMA, any harvester of mussels shall submit a drag plan to the Commissioner, in writing 10 business days in advance of harvest and must receive approval by the Commissioner prior to harvesting.

All dragging shall be prohibited in areas identified by Chapter 90.20(1)(B)(1) as sensitive areas vulnerable to dragging.

The drag plan shall indicate:

location,

timing of harvest and

amount of mussels proposed to be harvested and

Dragging is prohibited without an approved plan.

Failure to follow the approved drag plan shall be a violation of this regulation.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §6171
AMENDED: November 11, 1981 – Section 90.05(A)(1) (Area I) repealed; Section 90.05(A)(3) (Area III)
AMENDED: amended
AMENDED: September 11, 1985 – Section 90.20
AMENDED: December 11, 1985 – Section 90.05(A)(1) (Area II) repealed
AMENDED: July 27, 1986 – Section 90.02(C) (Wiscasset), Section 90.30(A) (Steuben - Areas I, II, III)
AMENDED: September 9, 1987 – Section 90.20(A) repealed
AMENDED: February 3, 1990 – Section 90.30(B) (Addison - Area I) (Expires November 1, 1991)
AMENDED: June 18, 1990 – Section 90.30(A) (Steuben - Areas II, III) repealed
AMENDED: April 13, 1991 – Section 90.30(A) (Steuben - Area I) repealed
AMENDED: October 29, 1991 – Section 90.05 (A) (Areas I, II, III, IV)
AMENDED: December 26, 1994 – Section 90.01(A) (Brunswick) repealed
AMENDED: December 16, 1995 – Section 90.05 (Area II) repealed
AMENDED: March 5, 1996 – Section 90.01 (Brunswick)
AMENDED: March 9, 1996 – Section 90.01 (Brunswick) repealed (EMERGENCY)
AMENDED: May 4, 1996 – Section 90.01 (Brunswick) (EMERGENCY)
AMENDED: June 18, 1996 – Section 90.01 (Brunswick)
AMENDED: October 3, 1996 – Section 90.01(A)(1) (Brunswick) repealed (EMERGENCY)
AMENDED: January 7, 1997 – Section 90.01(A)(1) (Brunswick) repealed
EFFECTIVE DATE (ELECTRONIC CONVERSION): February 24, 1997
AMENDED: April 8, 1998 – Section 90.10 (EMERGENCY, Expires 07/07/98)
NONSUBSTANTIVE CORRECTION: April 14, 1998 - converted to MS Word format
AMENDED: May 20, 1998 – Section 90.10 repealed (EMERGENCY)
AMENDED: December 12, 1998 – Section 90.05 (Areas I, II, III) repealed
AMENDED: August 28, 1999 – Section 90.01(B) (Scarborough) repealed; Section 90.02(A) (Boothbay),
AMENDED: Section 90.02(B) (Newcastle) amended; Section 90.30(B) (Addison, Area I - removed
AMENDED: language already covered by November 1, 1991 sunset provision)
AMENDED: October 31, 1999 – Section 90.02(C) (Wiscasset Area II) repealed
AMENDED: May 26, 2008 – Section 90.20 (Hancock County – Taunton Bay Management Area) (sunsets
AMENDED: 12/31/10) – filing 2008-209
AMENDED: April 20, 2009 – Section 90.02(C) (Wiscasset Area 1)
AMENDED: July 23, 2012 – Section 90.20 (Hancock County – Taunton Bay Management Area) – filing 2012-204
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 91 Spat Collection

Code Me. R. 13-188 Ch. 91 Spat Collection {#sec-13-188-ch.-91 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 91}

TITLE INDEX

91.01 Spat Collection Limitations

Species. The holder of a spat collection license may fish for, take, possess, or sell the spat of Placopecten magellanicus (sea scallop). It is unlawful to sell, or to place onto a lease or license site, any other species taken as bycatch when fishing for scallop spat.

Maximum size. It is unlawful to possess or sell scallop spat whose shells are more than 2 inches in the longest diameter.

Gear

The holder of a spat collection license may deploy up to 15 vertical lines, with a maximum of 30 spat collection bags on each line. The holder of a spat collection license may not deploy lines horizontally.

Spat bags may be constructed using mesh no larger than 1 cm, with settlement components inside the bags such as fine meshed material that increase the surface area inside the bags.

Bags may be no larger than 4 feet by 4 feet, when laid flat on a surface.

Each surface buoy must be marked with letters “SC”, the license number, and the number of the vertical line (numbered consecutively, up to a maximum of 15).

The holder of a spat collection is exempt from any closures established in 11.08, 11.09, and 11.12 for the purpose of scallop spat collection.

Vertical lines must be rigged to conform to whale take reduction protocols specified in Chapter 75.

Season

The holder of a spat collection license is exempt from the scallop season established in 11.11 for the purpose of scallop spat collection.

It is unlawful to have any have spat collection lines and bags in the coastal waters during the month of July.

Record keeping. The holder of a spat collection license must maintain records pertaining to their collection activities and spat sales on forms supplied by the Department. These records must be made available to the Department upon request and must comply with the following:

A. The records must be complete, accurate and legible;

B. The records must be retained for a minimum of three years.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §6074-A
EFFECTIVE DATE: November 24, 2018 – filing 2018-257
EFFECTIVE DATE: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
EFFECTIVE DATE: September 3, 2026

Chapter 94 Sanitary Control of Molluscan Shellfish

Code Me. R. 13-188 Ch. 94 Sanitary Control of Molluscan Shellfish {#sec-13-188-ch.-94 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 94}

TITLE INDEX

94.01 Purpose and Scope

94.02 Definitions

94.03 Adoption by Reference

94.04 Shellstock Time of Temperature Controls

94.05 Prohibited Acts – Harvesters

94.06 Prohibited Acts – Dealers

94.07 Shellfish Sanitation Certificates

94.08 Harvest of Shellfish for Depuration

94.09 Transportation and Delivery of Shellfish for Depuration

94.10 State Seals

94.11 Permits

94.12 Embargo Procedure for Shellfish

94.13 Suspension, Revocation or Nonrenewal of Licenses, Permits or Certification

94.01 Purpose and Scope

The purpose of this chapter is to provide uniform sanitary standards based upon the National Shellfish Sanitation Program Model Ordinance titled “Guide for the Control of Molluscan Shellfish”, which was developed through a Memorandum of Understanding between the U.S. Food and Drug Administration and the Interstate Shellfish Sanitation Conference.

94.02 Definitions

In addition to definitions contained in the “Definitions” section of the Model Ordinance, the following words and terms, when used in this chapter, have the following meaning.

Buying station. A vehicle that is leased, owned or rented by the certified dealer and which is used to transport shellstock purchased at a location other than the dealer’s permanent facility.

Model ordinance. The document entitled “National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish”, 2023 Revision, Sections I and II, published by the U.S. Food and Drug Administration.

94.03 Adoption by Reference

- 1. Model Ordinance. The Model Ordinance is hereby incorporated by reference and made part of this rule as if set out in full and all provisions thereof are adopted. The Model Ordinance is available from the Commissioner’s Office at the Department of Marine Resources, 32 Blossom Lane, Augusta, Maine, and online at: http://www.issc.org/nssp-guide. 2. Authority. The Maine Department of Marine Resources (DMR) or those entities with which DMR has entered into a Memorandum of Understanding, is the Authority responsible for the implementation and enforcement of the Model Ordinance in Maine. 3. Control. Where there is inconsistency between Chapter 94 and the Model Ordinance, these rules control. Where these rules are silent, the Model Ordinance controls. 4. Compliance. Persons engaged in taking, buying, selling, possessing, processing, depuration, wet storage, and transportation of shellfish shall comply with the provisions of the Model Ordinance.

Exceptions. These requirements do not apply to persons who conduct activities limited to:

Personal use as defined by 12 M.R.S. §6001

Transporting shellfish as a common carrier as defined by 12 M.R.S. §6001

Buying, selling, transporting, shipping or serving shellstock or shucked shellfish purchased from a dealer in the retail trade.

94.04 Shellstock Time to Temperature Controls

Harvesters shall comply with the Model Ordinance requirements for time to temperature controls. From May 1^st to September 30^th, harvesters must comply with Level 3 requirements. From October 1^st to April 30^th, harvesters must comply with Level 2 requirements.

94.05 Prohibited Acts – Harvesters

- 1. It is unlawful for any person other than the certified dealer to be in possession of unused certified dealer tags. 2. It is unlawful to harvest, possess or sell shellstock from areas that are closed due to marine biotoxins pursuant to Chapter 96 and bacterial pollution pursuant to Chapter 95, and in those areas that may be closed by the Department.

Exception: Harvest of shellstock from areas closed due to bacterial pollution pursuant to Chapter 95 may be authorized under the issuance of a depuration certificate.

- 1. It is unlawful to commingle shellstock, except as authorized by the Department in accordance with the Model Ordinance. 2. It is unlawful to conduct wet storage activities except that certified dealers may wet store in accordance with a permit issued by the Department.

94.06 Prohibited Acts – Dealers

It is unlawful for the holder of a shellfish certificate issued pursuant to 12 M.R.S. 6856 to receive, buy, hold, wash, pack, tag or label shellstock in any location other than the permanent facility for which the holder's certificate has been issued.

Exception. Certified dealers holding a buying a station permit may purchase shellfish from licensed harvesters at locations other than the permanent facility for which the holder’s certification was issued. The purchase of soft shelled clams at locations other than the permanent facility for which the holder certification was issued requires a buying station permit issued pursuant to §6856 sub-§2-A (D).

It is unlawful to buy or possess shellfish obtained from any source other than shellstock harvested by a licensed harvester from an area classified by the Department as approved or conditionally approved in the open status; or a dealer holding a shellfish certificate.

Exception. The holder of a depuration certificate or a relay permit from the Department may buy, ship, transfer or transport shellfish from an area classified as restricted or conditionally restricted in accordance with certificate or permit conditions.

Exception. The holder of an aquaculture lease or license may buy or possess seed from growing areas in the prohibited classification provided the seed does not exceed the maximum seed size definitions as established in Chapter 2.

It is unlawful to receive, handle, buy, possess, sell, ship or transport shellfish unless each container of shellfish bears a label or tag as required by the Model Ordinance.

Exception. Holders of a bulk tagging permit issued by the Department may bulk tag product.

It is unlawful for any person, other than the depuration certificate holder or an authorized representative, to possess seals issued by the Department for depuration harvesting purposes.

94.07 Shellfish Sanitation Certificates

Application. Any person who wants to obtain certification pursuant to §6856 shall:

On an annual basis, apply to the Department on forms supplied by the Commissioner and shall provide all information required.

Submit and implement an HACCP plan that is in compliance with the Model Ordinance.

Authorized activities: The shellfish sanitation certificate may authorize its holder to conduct specific activities as follows:

Shucker-Packer Certificate. The holder of a shucker-packer certificate may grow, harvest, pack, purchase, sell, store, hold, ship, or transport shellfish, whether in shellstock or shucked form. A shucker-packer may shuck shellfish and repack shucked shellfish obtained from other certificate holders.

Shellstock Shipper Certificate. The holder of a shellstock shipper certificate may grow, harvest, purchase, store, sell, pack, ship and transport shellstock. A shellstock shipper certificate holder may purchase and sell shucked shellfish obtained from a shucker- packer certificate holder, but shall not shuck shellfish or repack shucked shellfish. A shellstock shipper shall have a facility for proper storage and/or repacking of shellstock, including a means of dry storage of shellfish, such as a walk-in cooler.

Shellfish Reshipper Certificate. The holder of a reshipper certificate may sell, ship or transport shucked shellfish or shellstock packed in their original containers, which have been purchased from certified shellfish dealers, to other certified dealers, retailers or to final consumers. A reshipper shall not shuck, repack, hold or store shucked shellfish or shellstock for sale, shipment or transport. A reshipper may not harvest shellfish or buy from harvesters.

Depuration Certificate

The holder of a depuration certificate may cleanse shellfish harvested from approved, conditionally approved, restricted or conditionally restricted areas, using a physical plant and processing methods which are approved by the Commissioner and which comply with the requirements set forth in the Model Ordinance.

The holder of a depuration certificate may purchase, receive or harvest shellstock from areas classified as approved, conditionally approved, restricted or conditionally restricted and submit such shellstock to an approved depuration process. The depuration processor may pack, sell, ship or transport the depurated shellstock. A depuration processor shall have a facility, including a means of refrigerated storage of shellfish, such as a walk – in cooler.

Expiration. Certifications expire April 1^st, unless an earlier expiration date is given.

94.08 Harvest of Shellfish for Depuration

- 1. Each depuration plant certificate holder must submit an application to the Department on an annual basis identifying the names and addresses of all individuals who the certificate holder intends to use as authorized representatives for the depuration plant in depuration harvesting operations. The Commissioner may refuse to authorize any person that he determines to be unsuitable to serve as an authorized representative, taking into account, among other things, whether that person has a record of having committed marine resource law violations. 2. The authorized representative must supervise all members of the depuration harvesting crew and keep accurate records. 3. The authorized representative must record the names of all depuration harvest crewmembers and their current, valid, shellfish harvester’s license number, during each day's operation. These records must be available for inspection by Department personnel at all times. 4. The authorized representative must maintain daily records of the quantity of shellfish harvested by each member of the harvest crew and the area where the shellfish were harvested. These records must be available for inspection by Department personnel at all times. 5. The depuration plant authorized representative must notify any municipality with a shellfish management program 48 hours in advance of a scheduled depuration harvest. The notification must include the date, time, and location, as well as the contact information for the authorized representative overseeing the harvest. The notification must be sent by electronic mail to the town clerk, municipal shellfish warden, chair of the shellfish committee, the Marine Patrol Lieutenant for the Division in which the harvest will occur, and DMRPublicHealthDiv@maine.gov. Any change in schedule will be disseminated through the same process and by other means to provide effective notice as soon as possible. 6. The depuration plant authorized representative must call the appropriate Maine State Police communications center to notify the local marine patrol officer of the area to be harvested at least 24 hours prior to actual harvesting. 7. Harvesting in restricted or conditionally restricted areas for depuration purposes may be undertaken only during daylight hours. 8. The area within which the depuration harvesting will occur must be clearly demarcated with orange flags. 9. During depuration harvesting activities, all harvest crew diggers must remain in the same area, close enough for immediate supervision of all diggers at all times by the authorized representative. 10. Each member of a depuration harvesting crew must hold, and possess on his person, a current, valid commercial shellfish license, at all times during depuration harvest activities.

94.09 Transportation and Delivery of Shellfish for Depuration

- 1. All shellfish harvested from depuration areas must be placed into an approved vehicle and the vehicle must be sealed immediately. Unless otherwise authorized by the Department, all shellfish harvested must be transported directly to the depuration plant immediately after digging operations are completed. 2. The vehicles must be sealed with state seals. The authorized representative or the vehicle driver must record the seal number(s) on the daily harvest record. 3. The authorized representative must maintain harvest records and must record the number of the seal on the vehicle and the time shellfish were placed in the vehicle. The plant manager must also maintain records of shellfish lots, listing each lot by seal number and listing the time the lot arrived at the plant and the time the seal was removed from the vehicle at the plant. 4. The vehicle used must conform to the requirements set forth in the Model Ordinance.

94.10 State Seals

The Department will issue state seals for depuration harvesting purposes only to a depuration certificate holder. Unused seals must be submitted to the Department of Marine Resources upon cancellation or suspension of a shellfish certificate, or revocation or suspension of a certification to depurate.

94.11 Permits

Bulk tagging of shellstock permit

A person may not handle, ship, transport, or process shellfish in bulk without a current bulk tagging permit issued by the Department.

To obtain a bulk tagging permit, a person must apply on an annual basis to the Department on forms supplied by the Commissioner and must provide all information required.

When receiving bulk tagged shellfish, the certified dealer must have a Bulk Tagging Plan approved by the Department.

A dealer receiving bulk tagged shellstock must have an intermediate processing plan approved by the Department.

Bulk Tagging permits expire April 1^st unless an earlier expiration date is given.

Wet storage in artificial bodies of water or in natural bodies of water (onshore and offshore) permits

A person may not wet store shellfish without a current wet storage permit issued by the Department.

To obtain a wet storage permit, a person must apply to the Department on an annual basis on forms supplied by the Commissioner and must provide all information required. A permit is required for each wet storage site or operation.

Prior to commencing construction, all plans for construction or remodeling of onshore wet storage facilities or operations shall be reviewed and authorized by the Department.

Wet storage permits expire April 1^st unless an earlier expiration date is given.

Buying station permit

A person may not operate a buying station without a current buying station permit issued by the Department.

To obtain buying station permit, a person must apply to the Department on an annual basis on forms supplied by the Commissioner and must provide all information required. A permit is required for each buying station operation.

Compliance

The vehicle used as a buying station must be leased, owned or rented by the certified dealer and licensed with the appropriate supplemental license for that vehicle in accordance with 12 M.R.S. §6851.

The vehicle must be properly constructed, operated and maintained to prevent contamination, deterioration and decomposition of the shellstock in compliance with applicable regulations and requirements of the Model Ordinance. Water used for sanitation of the vehicle must be from an approved water source at the certified dealer’s permanent facility.

The vehicle must have a mechanical refrigeration unit, an onboard thermometer and a time/temperature data logger that can be downloaded for review by the Department. The mechanical refrigeration unit must always be operating during the buying station activity and until the vehicle is returned to the permanent facility. The ambient air temperature can exceed the required temperature of 45°F degrees for a period no longer than 2 hours, after which the vehicle air temperature must reach and maintain 45°F.

The buying station representative must maintain a buying station activity log including, but not limited to, the date and time of purchase, area harvested, names of all harvesters and their shellfish harvester’s license number, the date and time of harvest, the quantity of shellstock purchased from each harvester and the temperature inside the conveyance at the start and conclusion of activity at each buying location and upon return to the dealer’s permanent facility.

All shellstock purchased at the buying station must be transported by the certified dealer to the permanent facility for which that holder’s certification was issued.

None of the following activities may occur on or in connection with a buying station: washing of shellstock, packing, tagging, distribution to any person or entity other than the certified dealer’s facility.

The HACCP plan and HACCP records must be kept with the vehicle. A copy of the HACCP plan and records that apply to the buying station/vehicle must be separately identified and kept with the buying station/vehicle.

Supervision

The holder of a shellfish certificate shall be responsible for the supervision of all activities associated with the buying station permit.

Supervision of all buying station activities shall be sufficient to ensure compliance with applicable regulations and requirements of the Model Ordinance.

Lack of supervision and responsibility for the buying station permit, including the non-production of records required to be maintained, shall be grounds for immediate suspension of the permit.

Buying station permits expire April 1^st unless an earlier expiration date is given.

Shellfish relay permit

A person may not relay shellfish without a permit issued by the Department.

Exception. The relay of seed as described in Chapter 2.90(3)(D)(3) will not require a permit provided the seed is held in an area classified as approved or conditionally approved in the open status for the time specified in the Model Ordinance.

To obtain a permit to relay shellfish, a person must apply to the Department on forms supplied by the Commissioner and must provide all information required.

Relay permit applications will be reviewed and issued based on the applicant’s ability to meet the criteria for safe relay operations.

The permit may be conditioned at the discretion of the Department.

94.12 Embargo Procedure for Shellfish

- 1. In the event that the Commissioner or his agent determines that shellfish should be embargoed, whether for violation of any requirement of the Model Ordinance or for any other reason set forth in 12 M.R.S. §6856(6), the shellfish shall be identified and shall not be sold, shipped, transported, moved or otherwise altered by any person, without the express permission of the Commissioner or his agent. 2. Every single container or lot of shellfish subjected to embargo will be clearly identified. The Commissioner shall retain a copy of all current embargo orders or destruct orders, which includes the amount, species, container or lot description, name and address of the shellfish owner and the reason for embargo. A copy of such orders containing this information shall be given to the owner of the embargoed shellfish. 3. It shall be unlawful to pack shellfish, whether shucked or in shellstock form into mislabeled containers, or to possess mislabeled shellfish. Shellfish shall be considered mislabeled if the label is absent, bears inaccurate information, or is missing information concerning the identity of the packer, shipper, distributor, the area name, the date of harvest, the date of packing or the type and quantity of shellfish in the container. 4. Shellfish that are mislabeled shall be grounds for immediate embargo, condemnation and destruction as being of unsound or unknown quality, and therefore, unsafe. 5. When shellfish samples indicate that those shellfish contain toxin levels exceeding those specified in the Model Ordinance, or the shellfish are suspected of being contaminated or of unsound quality or deleterious to the public health, the Commissioner shall embargo the contaminated shellfish; as well as any other shellfish which are likely to be contaminated in the same vehicle or facility. The Commissioner shall condemn and order destruction of such shellfish in accordance with the embargo authority granted to the Commissioner of Marine Resources in 12 M.R.S. §6856(6).

94.13 Suspension, Revocation or Nonrenewal of Licenses, Permits or Certification

If the Commissioner determines that an applicant for renewal of a shellfish license, permit, or certificate is not currently in compliance with shellfish sanitation regulations, failed to report, or has failed to comply with shellfish sanitation regulations during the previous license period, the Commissioner may, in addition to any remedy available, including but not limited to suspension or revocation of the license, permit, or certificate in accordance with the procedures established under the marine resources’ laws, refuse renewal of the license, permit, or certificate in accordance with the following procedures:

- 1. The Commissioner shall advise the applicant for renewal by certified mail, return receipt requested, of the refusal and the grounds for this refusal. 2. The Commissioner shall advise the applicant for renewal that the applicant has a right to request that an adjudicatory hearing be held before the Department in conformity with 5 M.R.S.A., Chapter 375 subchapter IV. The Commissioner shall advise the applicant that the hearing must be requested in writing and that the written request must be received by the Department no later than 10 days of receipt by the applicant of the notice, by certified mail, of refusal to renew the shellfish license, permit or certificate. 3. If an adjudicatory hearing is requested, the Commissioner shall schedule a hearing within 10 days of the Department's receipt of the written request for hearing, unless a longer period is mutually agreed to in writing. 4. Notice of the hearing date, time and location shall be given immediately to the applicant.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §§ 6171-A, 6856
EFFECTIVE DATE: August 21, 2018 (Chapters 15, 16, 17, 18, 19, 20, and 21, and 23 repealed and 94
EFFECTIVE DATE: enacted in their place)
AMENDED: November 13, 2019 – Section 94.02(B)
AMENDED: March 13, 2021 – Section 94.02(A,B), 94.06(B)(2), 94.07(C), 94.11(A-C)
AMENDED: April 22, 2025 – Section 94.02(B) – filing 2025-097
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Shellfish Closures: Please refer to the Department of Marine Resources website Shellfish Closures: Please refer to the Department of Marine Resources website

Chapter 105 Safety Regulations

Code Me. R. 13-188 Ch. 105 Safety Regulations {#sec-13-188-ch.-105 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 105}

TITLE INDEX

105.01 Definitions

105.10 Tender and Diver Safety Requirements

105.01 Definitions

105.10 Tender and Diver Safety requirements

Compliance. All copies of Cardio-Pulmonary Response (CPR) cards and First Aid cards or equivalent documentation must be current (non-expired) and in possession of the licensed tender. A copy of the current CPR and First Aid cards must be presented upon demand by a Marine Patrol Officer.

Tenders. Each person licensed as a sea urchin or scallop diving tender under 12 M.R.S. §6535, or acting as a tender under a license issued pursuant to 12 M.R.S. §6701(5)(B), or §6748(4)(B), must have completed safety training as required by this Chapter. The training requirements or equivalents include a Cardio-Pulmonary Response (CPR) Card and First Aid Card; plus the DMR Diving Safety Course for Tenders certificate of completion card for tenders where required; or receive a Department approved waiver, (see Waivers).

Persons issued a sea urchin and scallop diving tender license pursuant to 12 M.R.S. 6535 who have never held a tender license in accordance with 12 M.R.S. 6535 or 12 M.R.S. 6536, must complete a DMR Diving Safety Course for Tenders. Anyone engaged in licensed activity pursuant to 12 M.R.S. 6535, must have in their possession a current (non-expired) Cardio-Pulmonary Response Card (CPR) and a current (non-expired) First Aid Card or equivalent documentation (see Waivers).

Persons acting as a tender in accordance with 12 M.R.S. §6701(5)(B), or §6748(4)(B) who have never held a tender license in accordance with 12 M.R.S. §6535 or 12 M.R.S. §6536 must have in their possession, at the time when acting as a tender, a current (non-expired) CPR card, a current (non-expired) First Aid card and a DMR Diving Safety Course for Tenders certificate of completion card pursuant to 12 M.R.S. §6533, or Department approved equivalent documentation (see Waivers).

Persons acting as a tender in accordance with 12 M.R.S. §6701(5)(B), or §6748(4)(B) who have held a tender license in accordance with 12 M.R.S. §6535 or 12 M.R.S. §6536 must have in their possession, at the time when acting as a tender, a current (non-expired) CPR card, a current (non-expired) First Aid card beginning August 1, 2010.

Divers. Persons licensed as a scallop diver in accordance with 12 M.R.S. §6701 or sea urchin diver in accordance with §6748 shall provide a current (non-expired) copy of a Cardio-Pulmonary Response (CPR) Card and First Aid Card

DMR diving safety course for tenders. Training shall provide basic recognition of diver related injuries and emergency procedures encompassing boating safety emergency responses as first responders. Upon successful completion of the course a card indicating proof of completion shall be issued by the Department.

Contact information. To obtain information about the DMR Diving Safety Course for Tenders contact: Marine Patrol Headquarters, Attn: Tender Safety Training, Dept. of Marine Resources, 21 State House Station, Augusta, ME 04333; telephone (207-624-6550), or online from the Department’s web site at http://www.maine.gov/dmr/index.htm then search under the license category for “other forms”.

Waivers. The Commissioner may waive the requirement to complete the CPR, First Aid or the DMR Diving Safety Course for Tenders as provided in Chapter 105.10(B) for any person who demonstrates to the Commissioner, either through documented experience or technical or professional accreditation, a level of knowledge at least equal to that expected from a person who completed the training requirements of this Chapter. It is the responsibility of the person seeking such a waiver to request that waiver in writing to the Commissioner and to provide any documentation the Commissioner determines necessary to make a decision.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §§6533, 6176
EFFECTIVE DATE: December 21, 2009 – filing 2009-663
AMENDED: July 8, 2014 – Section 105.10(A) amended; Section 105.10(D) deleted – filing 2014-141
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 110 Marine Harvesting Demonstration License

Code Me. R. 13-188 Ch. 110 Marine Harvesting Demonstration License {#sec-13-188-ch.-110 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 110}

TITLE INDEX

110.01 Definitions

110.02 Marine Harvesting Demonstration

110.03 Limitations and Prohibitions

110.04 Methods of Fishing

110.05 Trap Tags for Demonstration Traps

110.06 Vessel Identification

110.01 Definitions

110.02 Marine Harvesting Demonstration

An individual holding a marine harvesting demonstration license may fish for marine organisms for the purpose of providing an educational demonstration of harvesting techniques or of the ecology of the Gulf of Maine as part of a commercial operation. The license application may be obtained by writing the Department of Marine Resources, attn: Licensing Division, 21 State House Station, Augusta, Maine 04333‑0021 or by contacting the DMR Licensing Division at telephone: (207) 624‑6550.

110.03 Limitations and Prohibitions

All marine organisms collected must be immediately liberated alive into the area from which they were taken.

Lobster

Lobster taken by trap must be immediately liberated alive.

When collecting organisms by hand while SCUBA diving, the holder of a marine harvesting demonstration license may not take or possess lobsters.

When collecting marine organisms, other than lobster pursuant to Chapter 110.03(2), by hand while SCUBA diving, the holder of a marine harvesting demonstration license shall limit the number of individual specimens to not more than six (6) per species or not greater than six (6) clusters of colonial marine organisms.

The holder of a marine harvesting demonstration license is subject to all applicable marine resources laws and regulations including but not limited to:

Whale take reduction protocols pursuant to Chapter 25.20.

110.04 Methods of Fishing

A person holding a marine harvesting demonstration license may fish with lobster traps, or may collect marine organisms other than lobsters by hand while SCUBA diving in accordance with this chapter.

Persons fishing with lobster traps must mark each surface buoy with the demonstration license number, which must be prefixed with the letters DL to indicate the type of license, i.e., a demonstration license.

110.05 Trap Tags for Demonstration Traps

No license holder may use a vessel to set, haul, retrieve or take lobsters from a trap unless that trap contains a trap tag allocated to that vessel in accordance with the license holder's vessel declaration. License holders must declare the vessel and lobster zone, at the time of license issuance or renewal, to which that license holder's trap tags will be allocated pursuant to the license. The owner of a declared vessel will be given priority in the issuance of trap tags. All individuals declaring the same marine demonstration vessel may set, haul, retrieve, or take lobsters from the traps allocated to that vessel. The individual to whom demonstration trap tags have been issued does not need to be present on board the vessel in order for other individuals declaring the same marine demonstration vessel to set, haul or retrieve, or take lobster from the traps allocated to that vessel.

The number of lobster trap tags allocated to a vessel declared for a demonstration license may not exceed 20, regardless of the number of marine harvesting demonstration license holders fishing from that vessel. No license holder shall be issued trap tags in an amount that causes a declared vessel to exceed the applicable vessel trap limit established pursuant to 12 M.R.S.A. §6421‑(3‑A)(F) consistent with the individual trap limit, boat trap limit and applicable vessel limitation law and regulation.

A lobster trap tag is valid starting June 1^st of each year. Trap tags shall be valid until May 31^st of the following year (12 months).

Tags shall be replaced each lobster fishing year, when supplied by the Commissioner.

110.06 Vessel Identification

A vessel used for marine harvesting demonstration must be clearly identified. The symbol for a marine harvesting demonstration license is a fluorescent orange semi‑circle, at least 12 inches in diameter, and must be displayed on both sides of the vessel, mounted in such a manner that it is clearly visible. The symbol described is available from the Department's Licensing Division for a nominal fee.

A vessel identified as a demonstration vessel may not be used for the commercial harvest of marine organisms pursuant to 12 M.R.S.A. §6810‑A(3). A lobster and crab license pursuant to 12 M.R.S.A. §6431‑A and §6421(3‑A)(E) are commercial licenses.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §6810-A
EFFECTIVE DATE: April 27, 2004 – filing 2004-141
AMENDED: November 24, 2018 – Section 110.03(D) – filing 2018-258
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026

Chapter 115 Vibrio parahaemolyticus Control Plan

Code Me. R. 13-188 Ch. 115 Vibrio Control Plan {#sec-13-188-ch.-115 omnilex-key=us-me-regs-official--dept-marine-resources--13-188 Ch. 115}

TITLE INDEX

115.01 Compliance

115.02 Control Months and Designated Control Areas

115.03 Definitions

115.04 General Requirements

115.05 Harvest Restrictions During Control Months

115.06 Noncompliance

115.07 Reporting of Violations

Compliance

The Vibrio Control Plan applies specifically to American and European oysters ( Crassostrea virginica and Ostrea edulis ) harvested in Maine territorial waters and hard clams (Mercenaria mercenaria) harvested in the upper New Meadows River. The Control Plan provides additional and more rigorous controls than those imposed by DMR Rules Chapters 9, 22 and 94 to the handling of American and European oysters and hard clams in the areas described in Section 115.02. Insofar as the Control Plan time and temperature requirements exceed those imposed by existing rules or are in addition to those imposed by existing rules, the relevant provisions of the Control Plan shall supersede the provisions of Chapters 9, 22 and 94.

The Control Plan shall be complied with during the harvesting and handling of the above-described species, as conducted by harvesters, certified shellstock dealers, certified shellfish establishments (sometimes referred to as shellfish facilities or plants), shucker-packers, shellstock shippers and receivers, reshippers, depuration processors, enhanced retail seafood license holders, aquaculture license holders, and retail seafood license holders and all others involved in the processes described in chapters 9, 22, and 94.

Control Months and Designated Control Areas

The Vibrio Control Plan is in effect from June 1^st through October 15^th, inclusive, in the designated control areas for the designated species:

Maine territorial waters for American and European oysters ( Crassostrea virginica and Ostrea edulis).

All parts of the New Meadows River north of Bath/State Rd in Brunswick and West Bath for hard clams (Mercenaria mercenaria) .

115.03 Definitions

Adequately iced. “Adequately iced” means that the amount and application of ice is sufficient to ensure that immediate cooling begins and continues for all shellstock in a container. If ice slurry is used and the shellstock are submerged, the presence of ice in the slurry indicates adequate icing. Potable water must be used for the production of ice used for cooling of shellstock.

Control months. “Control months”means June 1^st through October 15^th, inclusive.

Harvest. “Harvest” means the act of removing shellstock from growing area waters and its placement on or in a manmade conveyance or other means of transport or transfer. This does not include the placement of shellstock in aquaculture gear designed to grow or enhance shellstock as part of husbandry practices.

Mechanical refrigeration. “Mechanical refrigeration”means storage in a container or conveyance that is approved by the Maine Department of Marine Resources (DMR) and capable of cooling to, and maintaining, an ambient temperature of 45°F or less.

Potable water. “Potable water” means a water supply which meets the requirements of the Safe Drinking Water Act , as administered by the EPA and which meets the requirements of DMR Chapter 94.

Resubmerge. “Resubmerge” means, and is strictly limited to, reintroduction of shellstock into approved waters following the removal of shellstock from approved waters. This is separate and distinct from “wet storage” which is a certified dealer activity. Resubmergence shall be conducted only by an aquaculture lease holder or license holder.

Shading. “Shading” means to shelter by intercepting the direct rays of the sun to protect the shellstock from heat. Shading may be accomplished by any means that effectively protects the harvested shellstock from direct sunlight and prevents excessive heat build-up in the shaded area. Materials used for shading should not be in direct contact with the shellstock unless they are food grade surfaces (e.g. no seaweed or wet tarps applied directly to shellstock).

Temperature control. “Temperature control”means the use of ice or mechanical refrigeration, which is capable of lowering the temperature of the shellstock and maintaining it at an internal temperature of 50°F or less.

Time of harvest. “Time of harvest” for the purpose of temperature control time of harvest begins once the first shellstock is no longer submerged. For example, the time intertidal shellstock are first exposed to the air as the tide recedes or the time when a drag is brought onboard a vessel with shellstock from a subtidal resource.

Vibrio. “Vibrio”refers to several species of pathogenic bacteria including but not limited to Vibrio parahaemolyticus.

115.04 General Requirements

Deterioration and decomposition. Harvesters shall not allow shellstock to deteriorate or decompose from exposure to warm ambient air temperatures (>60°F) and shall deliver shellstock to a certified shellfish dealer before such deterioration or decomposition occurs.

Certified shellfish dealers, enhanced retail seafood license holders and retail seafood license holders shall not allow shellstock to deteriorate or decompose from exposure to warm ambient air temperatures (>60°F). Certified shellfish dealers and enhanced retail seafood license holders shall cool shellstock to 50°F internal temperature within three hours of receiving product. Product may not be reshipped before it reaches 50°F internal temperature and must remain at or below 50°F internal temperature throughout distribution. Certified shellfish dealers may wet store or depurate with proper permitting.

Sales from home prohibited. Notwithstanding the provisions of 12 M.R.S. §6601(2) or §6810-B, during the control months it is unlawful for harvesters to sell from their homes oysters and hard clams that have been taken from the designated control areas.

Recreational harvest prohibited. It is unlawful to engage in the recreational harvest of oysters and hard clams harvested from the designated control areas during the control months. Provided, however, that the prohibition against recreational harvest shall not apply to those holding a Limited Purpose Aquaculture license for shellfish taken from their license site or to towns with a municipal shellfish ordinance that issues recreational licenses and administers mandatory vibrio education to recreational harvesters prior to licensing.

Mandatory training. All harvesters, aquaculture license holders (issued under 12 M.R.S. §6810-B), enhanced retail seafood license holders and certified shellfish dealers who take oysters and/or hard clams from the designated control areas or who purchase oysters and/or hard clams from harvesters that were taken from the designated control areas shall participate in annual, mandatory training provided by the DMR. Individuals are eligible to receive their Vibrio certification upon successful completion of the mandatory training.

Vibrio certification. All harvesters, aquaculture license holders (issued under 12 M.R.S. §6810-B), enhanced retail seafood license holders and certified shellfish dealers who take oysters and/or hard clams from the designated control areas or who purchase oysters and/or hard clams from harvesters that were taken from the designated control areas must obtain a Vibrio certification

Dealer records. Certified shellfish dealers and enhanced retail seafood license holders must document in their receiving records, the time of harvest, verification of harvesters’ Vibrio certification, time of receipt and presence of adequate ice if applicable. Certified shellfish dealers and enhanced retail seafood license holders must record the time product reached 50°F or less internal temperature.

Buying stations. Certified shellfish dealers with a buying station permit may purchase oysters and/or hard clams from the designated control areas provided that they use adequate icing to initiate immediate cooling in the conveyance. The use of mechanical refrigeration alone is not permitted.

Inspection. Any harvester, certified shellfish dealer, enhanced retail seafood license holder and/or retail seafood license holders whose product is implicated in an epidemiologically linked case of Vibrio illness shall be subject to an inspection by DMR to determine their compliance with Chapter 115 requirements.

115.05 Harvest Restrictions During Control Months

Harvesters are required to use one of the following methods to reduce time to temperature for all oysters and hard clams taken from the designated control areas during the control months:

Transfer of oysters and hard clams to a certified shellfish dealer or enhanced retail seafood license holder within two hours of harvest:

All oysters and hard clams shall be transferred to a certified shellfish dealer or enhanced retail seafood license holder and put into temperature control, wet storage or depuration within two (2) hours of the time of harvest.

All oysters and hard clams shall be subject to shading immediately after harvest.

All oysters and hard clams that are harvested and exposed to ambient temperatures for more than two (2) hours but less than twelve (12) hours must be resubmerged on an aquaculture lease or license site for no less than 24 hours or destroyed.

All oysters and hard clams that are harvested and exposed to ambient temperatures for twelve (12) hours or more must be resubmerged on an aquaculture lease or license site for no less than seven (7) days or 168 hours or destroyed.

Aquaculture lease or license holders who resubmerge shall maintain records identifying individual lots and their exposure history along with the date and time product was initially resubmerged and the date and time when the product was removed from resubmergence. These records shall be made available to DMR on request.

Immediate icing

All oysters and hard clams shall be subject to shading immediately after harvest.

All oysters and hard clams shall be adequately iced immediately after harvest and maintained on ice until delivery to a certified dealer or enhanced retail seafood license holder under the time to temperature regulations in Chapter 94.04.

115.06 Noncompliance

Shellstock received by a certified dealer or enhanced retail seafood license holder without time of harvest recorded on the harvest tag, in exceedance of two (2) hours from time of harvest and/or without adequate ice shall be destroyed. Shellstock received by a retail seafood license holder in exceedance of 50°F internal temperature shall be destroyed.

115.07 Reporting of Violations

Harvesters, certified shellfish dealers, enhanced retail seafood license holders and retail seafood license holders are required to report observed violations of the Vibrio Control Plan immediately to Marine Patrol.

INDEX

History

STATUTORY AUTHORITY: 12 M.R.S. §6171-A
EFFECTIVE DATE: January 1, 2016
AMENDED: August 9, 2017 – Sections 115.01, 115.02, 115.04(B), 115.04(C), 115.05(A,B), 115.06,
AMENDED: 115.08 (EMERGENCY)
AMENDED: November 14, 2017 – Sections 115.01, 115.02, 115.03, 115.04(B-F)(1)&(2),
AMENDED: 115.05(A,B),115.06, 115.08
AMENDED: March 13, 2019 – Sections 115.01, 115.02, 115.04, 115.05, 115.06
AMENDED: March 13, 2021 – Sections 115.01, 115.02, 115.03, 115.04, 115.05, 115.07; Sections
AMENDED: 115.06, 115.09 removed
AMENDED: April 26, 2022 – Section 115.02(F)
AMENDED: March 19, 2024 – Sections 115.01, 115.02, 115.03, 115.04, 115.05, 115.06, 115.07 – filing 2024-070
AMENDED: NONSUBSTANTIVE FORMATTING UPDATES; RULE HISTORY SECTION UPDATES:
AMENDED: September 3, 2026