reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 1: LICENSES › 12 §6423. Lobster and crab fishing education program

§6423. Lobster and crab fishing education program
The commissioner shall establish an education program in accordance with this section for training applicants for noncommercial lobster and crab fishing licenses.   [PL 2001, c. 581, §2 (NEW).]
1.  Pamphlet.
The department shall issue a pamphlet of all the laws and rules relating to a noncommercial lobster and crab fishing license to each applicant for a noncommercial lobster and crab fishing license who has not successfully completed a written examination pursuant to subsection 2 or met the requirements of section 6421, subsection 5‑B, paragraph B.
[PL 2001, c. 581, §2 (NEW).]
2.  Examination.
A written examination is required for any person who applies for a noncommercial lobster and crab fishing license who has not successfully completed a written examination under this subsection or met the requirements of section 6421, subsection 5‑B, paragraph B. The commissioner shall determine the form and content of the written examination. The written examination must be provided to an applicant with the pamphlet required under subsection 1. The applicant must return the completed written examination to the department and receive a passing grade on the written examination prior to receiving a noncommercial license.
[PL 2001, c. 581, §2 (NEW).]
3.  Surcharge; credit to Lobster Management Fund.
The commissioner shall set a surcharge, not to exceed $15, sufficient to recover the costs incurred by the department in providing the program under this section. A person who successfully completes the program and pays the surcharge may not be charged the surcharge to renew the license. The commissioner may provide copies of the education materials developed under this section to an applicant for another lobster and crab fishing license upon receipt of the surcharge. Surcharges collected under this subsection must be credited to the Lobster Management Fund established in section 6431‑C.
[PL 2001, c. 581, §2 (NEW).]
SECTION HISTORY
PL 2001, c. 581, §2 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 2: LIMITS ON FISHING AND PROHIBITED ACTS › 12 §6431-A. Trap limit

§6431-A. Trap limit
1.  Limit.
Before March 1, 2000, the holder of a Class I, Class II or Class III license issued under section 6421 may not submerge more than 1,000 traps. After February 29, 2000, the holder of a Class I, Class II or Class III license or a nonresident lobster and crab landing permit issued under section 6421 may not submerge more than 800 traps. If a lower trap limit is adopted by rule for a zone pursuant to section 6446, a license holder who fishes in that zone may not submerge a number of traps that exceeds the lower limit.
The number of traps fished from a vessel may not exceed the applicable trap limit established in this subsection, regardless of the number of license holders fishing from that vessel.
[PL 2007, c. 201, §12 (AMD).]
2.  Trap limit exception.
[PL 1999, c. 187, §1 (RP).]
3.  Effective date.
[PL 1999, c. 187, §1 (RP).]
4.  Violation.
A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.
[PL 2001, c. 421, Pt. B, §22 (NEW); PL 2001, c. 421, Pt. C, §1 (AFF).]
SECTION HISTORY
PL 1995, c. 468, §5 (NEW). PL 1997, c. 19, §1 (AMD). PL 1999, c. 187, §1 (RPR). PL 2001, c. 421, §B22 (AMD). PL 2001, c. 421, §C1 (AFF). PL 2007, c. 201, §12 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 2: LIMITS ON FISHING AND PROHIBITED ACTS › 12 §6431-B. Tag system

§6431-B. Tag system
1.  Tag system established.
The commissioner shall establish by rule a lobster trap tag system under which lobster and crab fishing license holders and nonresident lobster and crab landing permit holders must purchase tags for the purpose of identifying and tracking traps. The rules must contain provisions for replacing lost tags. The commissioner may impose a per tag fee to cover the cost of trap tags, the costs of administering and enforcing a lobster trap tag system, the costs of management of the lobster fishery and the costs associated with lobster management policy councils and referenda pursuant to section 6447. Trap tag fees must be deposited in the Lobster Management Fund established under section 6431‑C. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2017, c. 197, §9 (NEW).]
2.  Penalties.
A person may not fish or have on board a vessel a lobster trap unless the lobster trap is tagged in accordance with rules adopted pursuant to subsection 1. A person who violates this subsection commits:
A. A civil violation for which a fine of $250 must be adjudged if the person fishes 25 or fewer traps that are not tagged in accordance with rules adopted pursuant to subsection 1; and   [PL 2017, c. 197, §9 (NEW).]
B. A Class D crime if the person fishes more than 25 traps that are not tagged in accordance with rules adopted pursuant to subsection 1.   [PL 2017, c. 197, §9 (NEW).]
[PL 2021, c. 168, §5 (AMD).]
SECTION HISTORY
PL 1995, c. 468, §5 (NEW). PL 2003, c. 20, §WW3 (AMD). PL 2007, c. 201, §13 (AMD). PL 2017, c. 197, §9 (RPR). PL 2021, c. 168, §5 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 2: LIMITS ON FISHING AND PROHIBITED ACTS › 12 §6431-C. Lobster Management Fund

§6431-C. Lobster Management Fund
1.  Lobster Management Fund.
The Lobster Management Fund is established as a dedicated nonlapsing fund. The fund is administered by the department.
[PL 1995, c. 468, §5 (NEW).]
2.  Purpose.
All money credited to the Lobster Management Fund must be used to cover the costs of trap tags and the administration and enforcement of a lobster trap tag system under section 6431‑B, the costs of management of the lobster fishery, the costs associated with lobster management policy councils and referenda pursuant to section 6447, costs associated with the Lobster Advisory Council not supported by the General Fund, the costs associated with determining eligibility for lobster and crab fishing licenses and eligibility to fish for or take lobsters from a vessel and the costs associated with the provision of educational programs, for which a surcharge is collected from the enrollee, pursuant to section 6423.
[PL 2003, c. 20, Pt. WW, §4 (AMD).]
SECTION HISTORY
PL 1995, c. 468, §5 (NEW). PL 1999, c. 309, §1 (AMD). PL 2001, c. 93, §2 (AMD). PL 2001, c. 581, §3 (AMD). PL 2003, c. 20, §WW4 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 2: LIMITS ON FISHING AND PROHIBITED ACTS › 12 §6431-D. Boat trap limit (REPEALED)

§6431-D. Boat trap limit
(REPEALED)
SECTION HISTORY
PL 1995, c. 468, §5 (NEW). PL 1995, c. 568, §3 (AMD). PL 1997, c. 19, §2 (AMD). PL 1997, c. 19, §3 (AMD). PL 1999, c. 187, §2 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 2: LIMITS ON FISHING AND PROHIBITED ACTS › 12 §6431-F. Trap tags

§6431-F. Trap tags
1.  Trap tag limits.
The following provisions govern trap tag limits.
A.   [PL 2005, c. 239, §2 (RP).]
B. Each year, a Class I, Class II or Class III lobster and crab fishing license holder may purchase a number of trap tags that is not greater than 100 more than the number the license holder purchased for the previous license year as long as the total number purchased does not exceed the number of traps allowed under the lowest trap limit established by rule for the zones identified on that person's license pursuant to section 6446, subsection 1‑A.   [PL 2005, c. 239, §2 (AMD).]
[PL 2005, c. 239, §2 (AMD).]
2.  Exceptions.
Notwithstanding subsection 1, the following trap tag limits apply:
A. If the license holder was issued a Class I, Class II or Class III lobster and crab fishing license for the first time after meeting the requirements of the apprentice program under section 6422, the license holder may not purchase more than 300 trap tags for the initial license year. For each following year, the license holder may purchase up to an increase of 100 trap tags each year as long as the total number purchased does not exceed the number of traps allowed under the lowest trap limit established by rule for the zones identified on that person's license pursuant to section 6446, subsection 1‑A; and   [PL 2005, c. 239, §2 (AMD).]
B.   [PL 2005, c. 239, §2 (RP).]
C. If the license holder was issued a Class I, Class II or Class III lobster and crab fishing license on appeal, the license holder may purchase for the initial license year a number of trap tags up to the number of trap tags purchased by the person for the most recent year in which the person held a license. For each following year, the license holder may purchase up to an increase of 100 trap tags each year as long as the total number purchased does not exceed the number of traps allowed under the lowest trap limit established by rule for the zones identified on that person's license pursuant to section 6446, subsection 1‑A.   [PL 2005, c. 239, §2 (AMD).]
[PL 2005, c. 239, §2 (AMD).]
3.  Appeal of trap tag denial.
[PL 2005, c. 239, §2 (RP).]
4.  Trap limit.
A person may not submerge a number of traps greater than the number of traps allowed under the lowest trap limit established by rule for the lobster management zones identified on that person's license pursuant to section 6446, subsection 1‑A.
[PL 2005, c. 239, §2 (AMD).]
5.  Repeal.
[PL 2005, c. 239, §2 (RP).]
SECTION HISTORY
PL 1999, c. 397, §6 (NEW). PL 1999, c. 643, §§5,6 (AMD). PL 1999, c. 790, §A12 (AMD). PL 2001, c. 94, §1 (AMD). PL 2003, c. 510, §A6 (AMD). PL 2005, c. 239, §2 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 2: LIMITS ON FISHING AND PROHIBITED ACTS › 12 §6431-G. Vessel operation

§6431-G. Vessel operation
1.  Limitation.
Except as provided in subsection 2, the holder of a Class I, Class II or Class III lobster and crab fishing license may not operate a vessel for the purposes of fishing for or taking lobster other than the vessel named on the holder's lobster and crab fishing license. For the purposes of this section, "operate a vessel" means steering the vessel, operating the vessel's engine throttle or gear shift or operating the mechanism used to haul lobster traps from the water. "Operating a vessel" does not include the baiting of traps or the handling of traps once they are on board the vessel.
[PL 2009, c. 394, §8 (NEW).]
2.  Exemptions.
The commissioner may authorize an individual who possesses a Class I, Class II or Class III lobster and crab fishing license to fish for or take lobsters from a vessel other than the vessel named on the holder's lobster and crab fishing license if:
A. A Class I, Class II or Class III license holder is temporarily prevented by illness or disability from fishing for or taking lobsters from the license holder's vessel and requests in writing to the commissioner that the commissioner authorize the individual to operate that vessel to fish for or take lobsters and tend the license holder's traps pursuant to section 6434;   [PL 2009, c. 394, §8 (NEW).]
B. The vessel named on the individual's license has become temporarily inoperable because of an accident or a mechanical failure and the individual requests in writing and is granted permission from the commissioner to use another vessel to fish for or take lobsters;   [PL 2013, c. 468, §16 (AMD).]
C. The individual is designated as the sponsor of a student pursuant to section 6421 and is operating the vessel named on the student's license for the purposes of providing practical lobster fishing training to the student while the student is present on the vessel; or   [PL 2013, c. 468, §16 (AMD).]
D. The individual was the owner of a vessel that was named on that individual's Class I, Class II or Class III lobster and crab fishing license but is no longer the owner of that vessel due to sale or foreclosure. The individual must demonstrate immediate intent to become the owner of another vessel that will be used to fish for or take lobsters and request in writing permission from the commissioner to use the other vessel to fish for or take lobsters for a limited period of time.   [PL 2013, c. 468, §17 (NEW).]
[PL 2013, c. 468, §§16, 17 (AMD).]
SECTION HISTORY
PL 2009, c. 394, §8 (NEW). PL 2013, c. 468, §§16, 17 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 2: LIMITS ON FISHING AND PROHIBITED ACTS › 12 §6432-A. Bait

§6432-A. Bait
1.  Offal prohibited.
A person may not use offal as bait to fish for or take lobster or crabs. A person may not sell offal for use as bait to fish for or take lobster or crabs. For the purposes of this section, "offal" means the carcass, waste parts, renderings or remains of a wild or domesticated animal that is not a marine organism. "Offal" does not include animal hide from which the hair has been removed or fat attached to an animal hide from which the hair has been removed as long as the total thickness of fat and animal hide does not exceed 1 1/4 inches.
[PL 2017, c. 146, §1 (AMD).]
2.  Prima facie evidence.
The possession of offal or a marine organism prohibited pursuant to subsection 4 while fishing for or taking lobster or crabs is prima facie evidence of a violation of this section.
[PL 2011, c. 475, §1 (AMD).]
3.  Exception for freshwater organisms.
Notwithstanding subsection 1, a person may use a freshwater organism as bait to fish for or take lobster or crabs if that freshwater organism and the location from which that freshwater organism has been harvested have been identified as acceptable on a list maintained by the commissioner pursuant to subsection 5.
[PL 2011, c. 475, §2 (NEW).]
4.  Use of marine organism as bait.
The commissioner may prohibit the use of marine organisms as bait to fish for or take lobster or crabs. A marine organism prohibited pursuant to this subsection and the location from which that marine organism is harvested must be identified on a list maintained by the commissioner pursuant to subsection 5.
[PL 2011, c. 475, §2 (NEW).]
5.  Lists of freshwater organisms acceptable as bait and prohibited marine organisms.
The commissioner may maintain a list of freshwater organisms that are acceptable as bait to fish for or take lobster or crabs, including the location from which those freshwater organisms are harvested. The commissioner may maintain a list of marine organisms that are prohibited as bait to fish for or take lobster or crabs, including the location from which those marine organisms are harvested. The commissioner may adopt routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A that contain the criteria for inclusion on the lists.
[PL 2011, c. 475, §2 (NEW).]
SECTION HISTORY
PL 2005, c. 203, §2 (NEW). PL 2005, c. 203, §3 (AFF). PL 2011, c. 475, §§1, 2 (AMD). PL 2017, c. 146, §1 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 2: LIMITS ON FISHING AND PROHIBITED ACTS › 12 §6433-A. Biodegradable escape panels

§6433-A. Biodegradable escape panels
Beginning January 1, 1990, all lobster traps must be equipped with a biodegradable ghost panel. A "ghost panel" is an escape panel which is designed to release lobsters from traps which are lost while fishing. The commissioner shall, by rule, provide for implementation of this requirement. The commissioner may not require ghost panels prior to January 1, 1990.   [PL 1987, c. 569 (NEW).]
SECTION HISTORY
PL 1987, c. 569 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 2: LIMITS ON FISHING AND PROHIBITED ACTS › 12 §6433-B. Runners

§6433-B. Runners
1.  Definitions.
As used in this section, unless the context otherwise indicates, the term "runner" means a device on the bottom of a lobster trap that prevents damage to lobster claws and allows the trap to be pulled smoothly out of the water.
[PL 2001, c. 205, §1 (NEW).]
2.  Device to prevent damage to lobster claws.
A lobster trap must have a device attached to the trap that is designed to prevent damage to lobster claws.
A. If stick runners are used:
(1) The runners may be made out of any material;
(2) The runners must be at least 1/4 inch thick; and
(3) A minimum of two runners must be attached to the lobster trap and the runners must be placed on opposite sides of the bottom of the lobster trap.   [PL 2001, c. 205, §1 (NEW).]
B. If a 2nd layer of material is used in lieu of stick runners, it must be layered in a manner that creates a mesh size smaller than the base trap mesh when attached to the bottom of the trap.   [PL 2001, c. 205, §1 (NEW).]
C. If a device other than a device identified in paragraph A or B is used, the device must be designed to minimize damage to lobster claws and must be approved by the commissioner.   [PL 2001, c. 205, §1 (NEW).]
[PL 2001, c. 205, §1 (NEW).]
SECTION HISTORY
PL 2001, c. 205, §1 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 2: LIMITS ON FISHING AND PROHIBITED ACTS › 12 §6434. Molesting lobster gear

§6434. Molesting lobster gear
A person may not raise, lift, transfer, possess or in any manner molest any lobster trap, warp, buoy or car except as provided in this section.   [PL 2003, c. 520, §5 (AMD).]
1.  Permitted activities.
Lobster traps, warps, buoys and cars may be raised, lifted, transferred, possessed or otherwise molested by the following:
A. A marine patrol officer;   [PL 1989, c. 428 (NEW).]
B. The licensed owner;   [PL 1989, c. 428 (NEW).]
C. Any person having written permission from the commissioner; and   [PL 2003, c. 520, §5 (AMD).]
D. Any person authorized by rule pursuant to subsection 2.   [PL 1989, c. 428 (NEW).]
[PL 2003, c. 520, §5 (AMD).]
2.  Adoption of rules required.
The commissioner shall adopt rules, no later than January 1, 1990, authorizing the removal of traps, warps, buoys or cars that are washed up above the mean low tide mark or are otherwise abandoned or lost. Notwithstanding Title 25, sections 3502 and 3503, the commissioner may dispose of such traps, warps, buoys or cars, or authorize their disposal, if the owner cannot be identified or if the owner has been notified and fails to respond within 30 days.
[PL 2011, c. 266, Pt. A, §13 (AMD).]
3.  Using another's lobster gear; prohibition.
Traps, warps, buoys or cars may not be used for fishing by any person other than the licensed owner unless that person has written permission from the commissioner.
[PL 2007, c. 283, §1 (AMD).]
3-A.  Penalty.
A person who violates this section commits a Class D crime.
[PL 2017, c. 197, §11 (AMD).]
4.  Restitution.
If a person violates this section by cutting a lobster trap line, the court shall:
A. Order that person to pay to the owner of the trap line that was cut an amount equal to twice the replacement value of all traps lost as a result of that cutting; and   [PL 2007, c. 695, Pt. A, §15 (RPR).]
B. Direct that person to provide proof of payment of that restitution to the commissioner as required by section 6402, subsection 1.   [PL 2007, c. 695, Pt. A, §15 (RPR).]
Restitution imposed under this subsection is in addition to any penalty imposed under subsection 3‑A.
[PL 2009, c. 561, §17 (AMD).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1989, c. 428 (RPR). PL 1993, c. 543, §2 (AMD). PL 2003, c. 520, §5 (AMD). PL 2007, c. 201, §15 (AMD). PL 2007, c. 283, §§1-3 (AMD). PL 2007, c. 695, Pt. A, §15 (AMD). PL 2009, c. 561, §17 (AMD). PL 2011, c. 266, Pt. A, §13 (AMD). PL 2017, c. 197, §11 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 2: LIMITS ON FISHING AND PROHIBITED ACTS › 12 §6435. Setting near weirs

§6435. Setting near weirs
It shall be unlawful to set any lobster trap within 300 feet of the mouth of any fish weir when the weir owner or operator is licensed under section 6501 and when the weir is licensed under Title 38, chapter 9.   [PL 1981, c. 433, §8 (AMD).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1981, c. 433, §8 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 2: LIMITS ON FISHING AND PROHIBITED ACTS › 12 §6437. Scrubbing lobsters (REPEALED)

§6437. Scrubbing lobsters
(REPEALED)
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1995, c. 468, §6 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 2: LIMITS ON FISHING AND PROHIBITED ACTS › 12 §6438. Scrubbed lobsters (REPEALED)

§6438. Scrubbed lobsters
(REPEALED)
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1995, c. 468, §6 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 2: LIMITS ON FISHING AND PROHIBITED ACTS › 12 §6438-A. Artificial removal of eggs; prohibition

§6438-A. Artificial removal of eggs; prohibition
1.  Prohibition.
It is unlawful to remove extruded eggs from any female lobster or to take, buy, sell, possess, transport or ship any female lobster from which extruded eggs have been removed by any means other than natural hatching.
[PL 1995, c. 468, §7 (NEW).]
2.  Penalty.
A violation of this section is a Class D crime, except that the court shall impose a fine of $1,000 for each violation and, in addition, a fine of $300 for each lobster involved or, if the number of lobsters cannot be determined, a fine of not less than $1,000 or more than $5,000.
[PL 2013, c. 468, §21 (AMD).]
SECTION HISTORY
PL 1995, c. 468, §7 (NEW). PL 1999, c. 82, §4 (AMD). PL 2009, c. 394, §12 (AMD). PL 2013, c. 468, §21 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 2: LIMITS ON FISHING AND PROHIBITED ACTS › 12 §6439. Areas of limited lobster fishing (REPEALED)

§6439. Areas of limited lobster fishing
(REPEALED)
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1979, c. 152, §1 (AMD). PL 1979, c. 663, §65 (AMD). PL 1981, c. 433, §10 (AMD). PL 1985, c. 268, §5 (AMD). PL 2001, c. 272, §3 (AMD). PL 2009, c. 499, §1 (RP). PL 2009, c. 499, §3 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 2: LIMITS ON FISHING AND PROHIBITED ACTS › 12 §6439-A. Limited lobster fishing in the vicinity of Kittery (REPEALED)

§6439-A. Limited lobster fishing in the vicinity of Kittery
(REPEALED)
SECTION HISTORY
PL 1979, c. 152, §2 (NEW). PL 2001, c. 272, §4 (AMD). PL 2015, c. 68, §4 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 2: LIMITS ON FISHING AND PROHIBITED ACTS › 12 §6439-B. Limited lobster fishing in certain portions of Saco Bay (REPEALED)

§6439-B. Limited lobster fishing in certain portions of Saco Bay
(REPEALED)
SECTION HISTORY
PL 2001, c. 272, §5 (NEW). MRSA T. 12 §6439-B, sub-§2 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 2: LIMITS ON FISHING AND PROHIBITED ACTS › 12 §6440. Closed periods

§6440. Closed periods
It is unlawful to raise or haul any lobster trap:   [PL 2001, c. 123, §1 (AMD).]
1.  Summer.
During the period 1/2 hour after sunset until 1/2 hour before sunrise from June 1st to August 31st, both days inclusive, and during the period 1/2 hour after sunset until 4 a.m. from September 1st to October 31st, both days inclusive; and
[PL 2021, c. 498, §1 (AMD).]
2.  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 1st to August 31st, both days inclusive, except that it is lawful to raise or haul traps during this period if a hurricane warning issued by the National Weather Service is in effect for any coastal waters of the State.
[PL 2001, c. 123, §1 (AMD).]
Notwithstanding subsection 1, a person may raise or haul any lobster trap from September 1st to October 31st, both days inclusive, during any time of the day in an area in the Bay of Fundy that encompasses approximately 210 square miles around Machias Seal Island where there are overlapping claims of sovereignty by the United States and Canada if that person is authorized to fish in the lobster management zone established pursuant to section 6446 in which the area described is located. The commissioner shall define this area in rule to ensure that the boundaries of this area are clearly delineated. Rules adopted pursuant to this section regarding the boundaries of the area are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2019, c. 568, §1 (NEW).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1991, c. 678 (AMD). PL 1999, c. 790, §E1 (AMD). PL 2001, c. 123, §1 (AMD). PL 2017, c. 32, §1 (AMD). PL 2019, c. 568, §1 (AMD). PL 2021, c. 498, §1 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 2: LIMITS ON FISHING AND PROHIBITED ACTS › 12 §6441. Plugged lobsters

§6441. Plugged lobsters
The commissioner, in accordance with section 6191, may adopt rules prohibiting the possession of plugged lobsters, as long as the commissioner has determined that these rules will not adversely affect lobster importation.   [RR 2021, c. 2, Pt. B, §55 (COR).]
SECTION HISTORY
PL 1983, c. 227 (NEW). RR 2021, c. 2, Pt. B, §55 (COR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 2: LIMITS ON FISHING AND PROHIBITED ACTS › 12 §6442. Lobster identification tags; fee authorized

§6442. Lobster identification tags; fee authorized
The commissioner may impose a reasonable fee not to exceed 50¢ per tag, for the issuance of lobster trap identification tags in those areas of the State included in the Swan's Island Trap Limit Program.   [PL 1989, c. 643 (AMD).]
The fees collected must be paid to the department. The commissioner shall use these fees for the administration of the lobster trap tag system. Any fees that are unexpended at the end of the fiscal year do not lapse.   [PL 1989, c. 643 (AMD).]
SECTION HISTORY
PL 1983, c. 687 (NEW). PL 1985, c. 540 (AMD). PL 1989, c. 643 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 2: LIMITS ON FISHING AND PROHIBITED ACTS › 12 §6443. Underwater storage

§6443. Underwater storage
Beginning January 1, 1990, any trap or other container used for storing lobsters beneath the surface of the coastal waters must be clearly marked with the wholesale seafood license number or the fishing license number of the person storing the lobsters. Any trap or other container and the contents in it found in violation of this section may be seized and the contents returned to their natural habitat.   [PL 1989, c. 413, §2 (NEW); PL 1989, c. 878, Pt. A, §32 (RPR).]
Revisor's Note: §6443. Dipping lobster traps or similar gear (As enacted by PL 1989, c. 413, §2 was REPEALED by PL 1989, c. 878, Pt. A, §32)
SECTION HISTORY
PL 1989, c. 413, §2 (NEW). PL 1989, c. 424 (NEW). PL 1989, c. 878, §A32 (RPR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 2: LIMITS ON FISHING AND PROHIBITED ACTS › 12 §6444. Dipping lobster traps or similar gear

§6444. Dipping lobster traps or similar gear
No person may dip, soak or treat lobster or crab traps, warps or cars prior to use in waters of the State other than in a solution of salt and sea water except as provided in this section.   [PL 1989, c. 878, Pt. A, §33 (NEW).]
The commissioner may authorize a specified amount of dipping, soaking or treating of lobster or crab traps, warps or cars in solutions other than salt and sea water for research purposes. This authorization shall be in writing.   [PL 1989, c. 878, Pt. A, §33 (NEW).]
SECTION HISTORY
PL 1989, c. 878, §A33 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 2: LIMITS ON FISHING AND PROHIBITED ACTS › 12 §6445. Logbooks for lobster harvesters

§6445. Logbooks for lobster harvesters
The commissioner shall adopt rules requiring any person holding a lobster and crab fishing license to maintain a logbook. The rules must indicate the type of data that must be recorded in the logbook, the manner for producing the logbooks and the method for analyzing data from the logbooks. The commissioner shall charge a fee for the logbook that is sufficient to recover all costs associated with the production of the logbook and the analysis of the data. Fees received by the department from the sale of logbooks are dedicated revenue and must be used by the department for the purposes of this section. The logbook and data analysis may be produced and conducted by the department or may be produced and conducted by a public or private entity under contract with the department. Disclosure of any data collected under this section is subject to the confidentiality provisions of section 6173. A person who fails to maintain a logbook when required to do so commits a civil violation for which a forfeiture of not less than $100 and not more than $500 may be adjudged.   [PL 1999, c. 771, Pt. B, §3 (AMD); PL 1999, c. 771, Pt. D, §§1,2 (AFF).]
SECTION HISTORY
PL 1993, c. 726, §1 (NEW). PL 1999, c. 771, §B3 (AMD). PL 1999, c. 771, §§D1,2 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 2: LIMITS ON FISHING AND PROHIBITED ACTS › 12 §6445-A. Selling of lobsters or crabs by unlicensed crew members

§6445-A. Selling of lobsters or crabs by unlicensed crew members
1.  Sale prohibited; exception.
An unlicensed crew member engaged by a holder of a Class II or Class III lobster and crab fishing license may not sell lobsters or crabs unless the unlicensed crew member:
A. Sells lobsters or crabs under the direct supervision of the holder of the Class II or Class III lobster and crab fishing license under whose authority the lobster or crabs were taken to a purchaser who holds a valid wholesale seafood license with a lobster permit or a valid retail seafood license; and   [PL 2013, c. 468, §22 (AMD).]
B. Provides to the purchaser the name and license number of the license holder with whom the crew member was engaged when the lobsters or crabs were harvested.   [PL 2013, c. 282, §4 (NEW).]
[PL 2013, c. 468, §22 (AMD).]
2.  Requirements for purchaser.
A holder of a wholesale seafood license with a lobster permit or a retail seafood license who purchases lobsters or crabs from an unlicensed crew member may not purchase the lobsters or crabs except by check or cashier's check unless there is a written receipt associated with the transaction, and the holder of a wholesale seafood license with a lobster permit or a retail seafood license who purchases lobsters or crabs from an unlicensed crew member shall report the information provided by the unlicensed crew member under subsection 1, paragraph B in accordance with section 6173.
[PL 2013, c. 282, §4 (NEW).]
SECTION HISTORY
PL 2013, c. 282, §4 (NEW). PL 2013, c. 468, §22 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 2: LIMITS ON FISHING AND PROHIBITED ACTS › 12 §6450. Temporary medical allowance

§6450. Temporary medical allowance
1.  Temporary medical allowance.
Notwithstanding section 6421, upon request the commissioner may issue a temporary medical allowance that permits an individual to fish under the authority of the license of a Class I, Class II or Class III lobster and crab fishing license holder when that license holder is unable to fish if the following criteria are met:
A. The individual who will be fishing has successfully completed an apprentice program under section 6422;   [PL 2019, c. 68, §1 (AMD).]
B. The individual who will be fishing is the child, spouse or domestic partner of the individual who holds the Class I, Class II or Class III lobster and crab fishing license;   [PL 2019, c. 68, §1 (AMD).]
C. The holder of the Class I, Class II or Class III lobster and crab fishing license is unable to use that license, all or part of the time, due to a substantial illness or medical condition. The holder of the Class I, Class II or Class III lobster and crab fishing license shall provide the commissioner with documentation from a physician describing the illness or other medical condition; and   [PL 2019, c. 68, §1 (AMD).]
D. The holder of the Class I, Class II or Class III lobster and crab fishing license documents to the commissioner that the license holder harvested a minimum of 1,000 pounds of lobsters within one year prior to the request for the temporary medical allowance.   [PL 2013, c. 239, §9 (NEW).]
A request for a temporary medical allowance must be in writing and must specify the dates for which the temporary medical allowance is requested. The holder of the Class I, Class II or Class III lobster and crab fishing license on which the temporary medical allowance is based must maintain a valid license during the duration of the temporary medical allowance. The holder of the Class I, Class II or Class III lobster and crab fishing license is liable for the activities of the individual fishing under the temporary medical allowance, whether or not the license holder is present on the vessel.
[PL 2019, c. 68, §1 (AMD).]
2.  Term.
A temporary medical allowance may not exceed one year or, upon renewal under subsection 3, a total of 2 consecutive years.
[PL 2017, c. 352, §2 (NEW).]
3.  Renewal.
The commissioner may renew a temporary medical allowance issued under subsection 1 for a maximum of one year upon a request in writing from the holder of the Class I, Class II or Class III lobster and crab fishing license upon which the temporary medical allowance is based. A request under this subsection must be received by the commissioner before the expiration of a current temporary medical allowance issued to that license holder.
[PL 2017, c. 352, §2 (NEW).]
SECTION HISTORY
PL 2013, c. 239, §9 (NEW). PL 2017, c. 352, §§1, 2 (AMD). PL 2019, c. 68, §1 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 3-A: MAINE LOBSTER MARKETING COLLABORATIVE › 12 §6455. Maine Lobster Marketing Collaborative (REPEALED)

§6455. Maine Lobster Marketing Collaborative
(REPEALED)
SECTION HISTORY
PL 1991, c. 523, §2 (NEW). PL 1993, c. 282, §§1-4 (AMD). PL 1993, c. 545, §§1-6 (AMD). PL 1997, c. 211, §§1-3 (AMD). PL 1999, c. 668, §82 (AMD). PL 2001, c. 226, §1 (AMD). PL 2005, c. 102, §1 (AMD). PL 2007, c. 138, §§2, 3 (AMD). PL 2007, c. 201, §§17-19 (AMD). PL 2007, c. 615, §13 (AMD). PL 2009, c. 567, §§7, 8 (AMD). PL 2013, c. 309, §2 (AMD). PL 2013, c. 492, §5 (AMD). PL 2017, c. 368, §§2-6 (AMD). MRSA T. 12 §6455, sub-§9 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 4: LOBSTER ADVISORY COUNCIL › 12 §6461. Purpose

§6461. Purpose
The lobster fishing industry is one of the most important industries in the State because of its contribution to the economy and also because of its unique social, historic and cultural contributions to this State's quality of life.   [PL 1979, c. 355, §1 (NEW).]
This subchapter is enacted to help conserve and promote the prosperity and welfare of the State and its citizens and the lobster fishing that helps to support them. This subchapter will accomplish these goals by fostering and promoting better methods of conserving, utilizing, processing, marketing and studying the lobster.   [PL 1979, c. 355, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 355, §1 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 4: LOBSTER ADVISORY COUNCIL › 12 §6462. Lobster Advisory Council (REPEALED)

§6462. Lobster Advisory Council
(REPEALED)
SECTION HISTORY
PL 1979, c. 355, §1 (NEW). PL 1981, c. 377, §§1,2 (AMD). PL 1983, c. 812, §§84,85 (AMD). PL 1989, c. 503, §B63 (AMD). PL 1997, c. 208, §2 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 4: LOBSTER ADVISORY COUNCIL › 12 §6462-A. Lobster Advisory Council

§6462-A. Lobster Advisory Council
1.  Appointment; composition.
The Lobster Advisory Council, established by Title 5, section 12004‑I, subsection 58 and in this subchapter known as the "council," consists of the following members:
A. One person from each lobster management policy council established under section 6447. Each lobster management policy council shall choose by majority vote a member to serve on the council;   [PL 1997, c. 208, §3 (NEW).]
B. Two persons who hold wholesale seafood licenses and are primarily dealers in lobsters, appointed by the commissioner;   [PL 1997, c. 208, §3 (NEW).]
C. One person who is a member of the general public and does not hold any license under this subchapter, appointed by the commissioner; and   [PL 1997, c. 208, §3 (NEW).]
D. Three persons who hold lobster and crab fishing licenses and who are not members of lobster management policy councils established under section 6447, appointed by the commissioner. Each person appointed under this paragraph must reside in a different county. One person appointed under this paragraph must hold a noncommercial lobster and crab fishing license.   [PL 2005, c. 239, §5 (AMD).]
[PL 2005, c. 239, §5 (AMD).]
2.  Term.
The term for a member who represents a lobster management policy council is coterminous with that person's term on that policy council. All other members serve for terms of 3 years, except that a vacancy must be filled by the commissioner for the unexpired portion of the term. A vacancy for a member representing a lobster management policy council must be appointed by that policy council using procedures defined in subsection 1. Members continue to serve until their successors are appointed.
[PL 1997, c. 572, §1 (AMD).]
3.  Compensation.
Members are entitled to compensation according to Title 5, chapter 379.
[PL 1997, c. 208, §3 (NEW).]
4.  Quorum.
A quorum is a majority of the members of the council, at least 4 of whom must be lobster and crab fishing license holders.
[PL 1997, c. 208, §3 (NEW).]
5.  Chair and officers.
The council shall annually choose one of its members to serve as chair for a one-year term. The council may select other officers and designate their duties.
[PL 1997, c. 208, §3 (NEW).]
6.  Meetings.
The council shall meet at least 4 times a year at regular intervals. It may also meet at other times at the call of the chair or the commissioner.
[PL 1997, c. 208, §3 (NEW).]
SECTION HISTORY
PL 1997, c. 208, §3 (NEW). PL 1997, c. 572, §1 (AMD). PL 2005, c. 239, §5 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 4: LOBSTER ADVISORY COUNCIL › 12 §6463. Council programs and activities

§6463. Council programs and activities
1.  Advise.
The council shall advise the commissioner on activities of the department that relate to the lobster industry. The council may investigate problems affecting the lobster industry and make recommendations to the commissioner and the Marine Resources Advisory Council concerning its investigations.
[PL 1979, c. 355, §1 (NEW).]
2.  Research plans.
The council may review current lobster research programs and plans for research on the lobster stock, and submit to the commissioner and Marine Resources Advisory Council, annually, its recommendations on those programs and plans.
[PL 1979, c. 355, §1 (NEW).]
3.  Dispute resolution.
The council may consider disputed issues brought to the council by any lobster management policy council established under section 6447. The council may make recommendations to the commissioner with regard to resolving such issues.
[PL 1997, c. 208, §4 (NEW).]
SECTION HISTORY
PL 1979, c. 355, §1 (NEW). PL 1997, c. 208, §4 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 4-A: LOBSTER RESEARCH, EDUCATION AND DEVELOPMENT FUND AND LOBSTER INNOVATION FUND › 12 §6465. Education and Development Fund

§6465. Education and Development Fund
The Lobster Research, Education and Development Fund, referred to in this section as "the fund," is established in the department. Balances in the fund may not lapse and must be carried forward and used for the purposes of this section.   [PL 2023, c. 466, §2 (AMD).]
1.  Sources and uses of fund.
Revenues from lobster special registration plate fees credited to the fund under Title 29‑A, section 456‑A may be used for research and education to support the development of the lobster industry in this State. Revenues may also be used to support the operation of the research, education and development board described in subsection 2, including reimbursement for travel expenses of its members.
[PL 2005, c. 239, §6 (AMD).]
2.  Research, education and development board.
The commissioner shall appoint a research, education and development board and consult with the board regarding the expenditures from the fund. The board is composed of one member from each of the following organizations:
A. A statewide association representing the interests of persons who harvest lobster commercially;   [PL 2001, c. 623, §1 (NEW).]
B. An association representing the interests of persons who harvest lobster commercially in Washington and Hancock counties;   [PL 2001, c. 623, §1 (NEW).]
C. A southern Maine association representing the interests of persons who harvest lobster commercially;   [PL 2001, c. 623, §1 (NEW).]
D. A statewide import-export lobster dealers' association;   [PL 2001, c. 623, §1 (NEW).]
E. A statewide lobster pound owners' association;   [PL 2001, c. 623, §1 (NEW).]
F. A statewide lobster processors' association;   [PL 2001, c. 623, §1 (NEW).]
G. The Maine Lobster Marketing Collaborative under section 6455‑A;   [PL 2021, c. 491, §3 (AMD).]
H. The Lobster Advisory Council established by Title 5, section 12004‑I, subsection 58; and   [PL 2001, c. 623, §1 (NEW).]
I. An international lobster institute. This member must be a resident of the State.   [PL 2001, c. 623, §1 (NEW).]
Members are entitled to compensation according to Title 5, chapter 379.
[PL 2021, c. 491, §3 (AMD).]
SECTION HISTORY
PL 2001, c. 623, §1 (NEW). PL 2005, c. 239, §6 (AMD). PL 2013, c. 309, §3 (AMD). PL 2021, c. 491, §3 (AMD). PL 2023, c. 466, §2 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 4-A: LOBSTER RESEARCH, EDUCATION AND DEVELOPMENT FUND AND LOBSTER INNOVATION FUND › 12 §6466. Lobster Innovation Fund

§6466. Lobster Innovation Fund
The Lobster Innovation Fund, referred to in this section as "the fund," is established in the department. The fund consists of money received as appropriations and contributions from public and private sources. Balances in the fund may not lapse and must be carried forward. The fund must be used to provide stipends to holders of Class I, Class II or Class III lobster fishing licenses to participate in the testing of new lobster fishing technologies.   [PL 2023, c. 466, §3 (NEW).]
SECTION HISTORY
PL 2023, c. 466, §3 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 619: LOBSTER AND CRAB FISHING LICENSES › Subchapter 5: MONHEGAN LOBSTER CONSERVATION AREA › 12 §6471. Monhegan Lobster Conservation Area

§6471. Monhegan Lobster Conservation Area
1.  Monhegan Lobster Conservation Area.
The following territorial waters of the State in the vicinity of Monhegan Island are known as the Monhegan Lobster Conservation Area:
Beginning at a point located at latitude 43`45.09' north and longitude 069`22.16' west that is 2 nautical miles southwesterly of the nearest shore of Monhegan Island; in a southwesterly direction to latitude 43`44.28' north and longitude 069`23.37' west at a point on the 3-nautical-mile line; then following the 3-nautical-mile line around the southern end of Monhegan Island to latitude 43`44.94' north and longitude 069`14.26' west; then in a somewhat northerly direction to latitude 43`45.8' north and longitude 069`15.3' west, to a point that is 2 nautical miles from the nearest shore of Monhegan Island; then following a line that is 2 nautical miles from the nearest shore of Monhegan Island and that continues around the northern end of Monhegan Island to the point of beginning.
[PL 2001, c. 272, §6 (AMD).]
SECTION HISTORY
PL 1997, c. 574, §4 (NEW). PL 2001, c. 272, §6 (AMD).