reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 1: SHELLFISH › Article 3: SHELLFISH FUND › 12 §6651. Shellfish Fund

§6651. Shellfish Fund
1.  Surcharge fees to be paid into fund.
In addition to the applicable license fees for shellfish licenses, mussel hand-raking and boat licenses, shellfish transportation licenses and wholesale seafood licenses, the commissioner shall assess the following surcharge fees, which must be deposited into the Shellfish Fund:
A. Seventy-four dollars and seventy-five cents for a commercial shellfish license;   [PL 2017, c. 284, Pt. EEEEE, §16 (AMD).]
B. One hundred forty-nine dollars and fifty cents for a mussel boat license;   [PL 2017, c. 284, Pt. EEEEE, §16 (AMD).]
C. Seventy-four dollars and seventy-five cents for a mussel hand-raking license;   [PL 2017, c. 284, Pt. EEEEE, §16 (AMD).]
D. Two hundred ninety-nine dollars for a shellfish transportation license;   [PL 2017, c. 284, Pt. EEEEE, §16 (AMD).]
E. Ninety-seven dollars and fifty cents for a shellfish transportation supplemental license;   [PL 2017, c. 284, Pt. EEEEE, §16 (AMD).]
F. Two hundred fifty dollars and twenty-five cents for a wholesale seafood license;   [PL 2017, c. 284, Pt. EEEEE, §16 (AMD).]
G. Forty-eight dollars and seventy-five cents for a wholesale seafood supplemental license; and   [PL 2017, c. 284, Pt. EEEEE, §16 (AMD).]
H. Twenty-eight dollars for an enhanced retail certificate.   [PL 2017, c. 284, Pt. EEEEE, §16 (AMD).]
The Shellfish Fund may receive any other money, including any other gift, grant or other source of revenue.
[PL 2017, c. 284, Pt. EEEEE, §16 (AMD).]
1-A.  Additional fees to be paid into fund.
Any fees collected pursuant to section 6072, subsection 13, paragraph I must be deposited into the Shellfish Fund.
[PL 2021, c. 52, §19 (NEW).]
2.  Uses of fund.
The commissioner may expend the money in the Shellfish Fund for management, enforcement, restoration, development and conservation of shellfish and mussels in the intertidal zone or coastal waters and for the costs associated with the Shellfish Advisory Council established by Title 5, section 12004‑I, subsection 57‑G.
[PL 2007, c. 606, Pt. A, §3 (AMD).]
3.  Nonlapsing fund.
The Shellfish Fund shall not lapse.
[PL 1977, c. 661, §5 (NEW).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1983, c. 838, §1 (AMD). PL 1987, c. 328, §2 (AMD). PL 1987, c. 826, §2 (AMD). PL 2003, c. 20, §WW12 (AMD). PL 2007, c. 606, Pt. A, §3 (AMD). PL 2007, c. 692, §3 (AMD). PL 2009, c. 213, Pt. G, §16 (AMD). PL 2011, c. 598, §§28, 29 (AMD). PL 2017, c. 284, Pt. EEEEE, §16 (AMD). PL 2021, c. 52, §19 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 1: SHELLFISH › Article 4: MUNICIPAL CONSERVATION PROGRAMS › 12 §6672. Green crab fencing program (REPEALED)

§6672. Green crab fencing program
(REPEALED)
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 2011, c. 598, §30 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 1: SHELLFISH › Article 4: MUNICIPAL CONSERVATION PROGRAMS › 12 §6674. Interference with municipal shellfish aquaculture permit

§6674. Interference with municipal shellfish aquaculture permit
1.  Prohibition.
A person may not knowingly interfere with the ability of a person who holds a municipal shellfish aquaculture permit to carry out the privileges granted to the permittee under that permit. Except for the permittee or the permittee's designee, a person may not take, disturb or molest any shellfish in the intertidal zone in the area that is included in a municipal shellfish aquaculture permit.
[PL 2015, c. 225, §1 (NEW).]
2.  Penalty.
A person who violates this section commits a civil violation for which a fine of not less than $500 nor more than $1,000 may be adjudged.
[PL 2015, c. 225, §1 (NEW).]
3.  Restitution.
In addition to the penalty under subsection 2, if a person violates this section by interfering with the ability of a person who holds a municipal shellfish aquaculture permit to carry out the privileges granted to that permittee under that permit, the court shall:
A. Order that person to pay to the holder of the municipal shellfish aquaculture permit an amount equal to twice the replacement value of any damaged equipment on the permit site; and   [PL 2015, c. 225, §1 (NEW).]
B. Direct that person to provide proof of payment of restitution under paragraph A to the commissioner.   [PL 2015, c. 225, §1 (NEW).]
[PL 2015, c. 225, §1 (NEW).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 2003, c. 660, §A22 (AMD). PL 2009, c. 229, §18 (AMD). PL 2015, c. 225, §1 (RPR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 1: SHELLFISH › Article 4: MUNICIPAL CONSERVATION PROGRAMS › 12 §6675. Shellfish reseeding program

§6675. Shellfish reseeding program
The department shall carry out a program of shellfish reseeding. The program shall include such activities as the transplanting of soft shell clams from areas of large concentrations to potentially productive areas, and relaying shellfish otherwise inhibited from attaining optimum market size. The program may be carried out in cooperation with municipal and joint shellfish conservation programs. The department may close areas under section 6171 to protect reseeded flats, including areas subject to municipal shellfish conservation ordinances.   [PL 1983, c. 559, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 559, §2 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 1: SHELLFISH › Article 4: MUNICIPAL CONSERVATION PROGRAMS › 12 §6676. Summary of municipal ordinances

§6676. Summary of municipal ordinances
The department shall prepare a summary description of all municipal shellfish ordinances, which must include, but not be limited to, a listing for each municipality of the license application period, fee structure and number of licenses available to residents and nonresidents. The department shall update the summary and make it available to the public in a manner that the commissioner considers to be effective in reaching the persons affected.   [PL 2005, c. 434, §6 (AMD).]
SECTION HISTORY
PL 1985, c. 48, §2 (NEW). PL 2005, c. 434, §6 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 1: SHELLFISH › Article 6: WATER QUALITY › 12 §6691. Water quality samplers

§6691. Water quality samplers
A commercial shellfish license holder who complies with the shellfish sanitation program's quality assurance and quality control training and certification requirements as administered by the department may serve as a volunteer water quality sampler for the department.   [PL 2001, c. 587, §1 (NEW).]
SECTION HISTORY
PL 2001, c. 587, §1 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 2: SCALLOPS › Article 1: LICENSES › 12 §6701. Scallop license

§6701. Scallop license
1.  License required.
A person may not engage in the activities authorized under this section without a current hand fishing scallop license or other license issued under this Part authorizing the activities. A person acting as tender to an individual possessing a current individual hand fishing scallop license issued under subsection 5, paragraph A shall possess a scallop or sea urchin tender license issued under section 6535.
[PL 2009, c. 561, §22 (RPR).]
2.  Licensed activity.
The holder of a hand fishing scallop license may take scallops by hand or possess, ship, transport or sell shucked scallops the holder has taken. A person may not act as a tender under subsection 5, paragraph B unless that person has met the tender safety requirements adopted by rule pursuant to section 6533.
[PL 2015, c. 201, §3 (AMD).]
3.  Eligibility.
A hand fishing scallop license may be issued only to an individual who is a resident.
[PL 2009, c. 561, §22 (RPR).]
4.  Exception.
A person may act as a tender to an individual possessing a current hand fishing scallop license with tender issued under subsection 5, paragraph B without being licensed under this Part if that person has met the tender safety requirements adopted by rule pursuant to section 6533.
[PL 2009, c. 561, §22 (RPR).]
5.  Fees.
Fees for hand fishing scallop licenses are:
A. For an individual hand fishing scallop license, $143; and   [PL 2009, c. 561, §22 (RPR).]
B. For a hand fishing scallop license with tender, $193.   [PL 2009, c. 561, §22 (RPR).]
[PL 2009, c. 561, §22 (RPR).]
6.  Violation.
A person who violates this section commits a civil violation for which the following penalties apply:
A. For the first offense, a mandatory fine of $500 is imposed and all scallops on board may be seized;   [PL 2009, c. 561, §22 (RPR).]
B. For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on board may be seized; and   [PL 2009, c. 561, §22 (RPR).]
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all scallops on board may be seized. This penalty is imposed in addition to the penalty imposed under section 6728‑B.   [PL 2009, c. 561, §22 (RPR).]
[PL 2009, c. 561, §22 (RPR).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1979, c. 127, §86 (AMD). PL 1981, c. 480, §§5,15,16 (AMD). PL 1983, c. 663, §1 (AMD). PL 1983, c. 824, §K3 (AMD). PL 1985, c. 165 (AMD). PL 1985, c. 243 (AMD). PL 1985, c. 379, §3 (AMD). PL 1985, c. 662, §1 (AMD). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 528, §T5 (AMD). PL 1991, c. 591, §T5 (AMD). PL 2001, c. 421, §B40 (AMD). PL 2001, c. 421, §C1 (AFF). PL 2003, c. 20, §WW13 (AMD). PL 2003, c. 248, §7 (AMD). PL 2007, c. 557, §1 (AMD). PL 2007, c. 607, Pt. B, §1 (AMD). PL 2007, c. 695, Pt. I, §3 (AMD). PL 2009, c. 213, Pt. G, §17 (AMD). PL 2009, c. 396, §§5-7 (AMD). PL 2009, c. 561, §22 (RPR). PL 2015, c. 201, §3 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 2: SCALLOPS › Article 1: LICENSES › 12 §6704. Handfishing sea urchin license (REPEALED)

§6704. Handfishing sea urchin license
(REPEALED)
SECTION HISTORY
PL 1991, c. 528, §RRR (AFF). PL 1991, c. 528, §T8 (NEW). PL 1991, c. 591, §T8 (NEW). PL 1993, c. 416, §1 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 2: SCALLOPS › Article 1: LICENSES › 12 §6705. Sea urchin boat license (REPEALED)

§6705. Sea urchin boat license
(REPEALED)
SECTION HISTORY
PL 1991, c. 528, §RRR (AFF). PL 1991, c. 528, §T8 (NEW). PL 1991, c. 591, §T8 (NEW). PL 1993, c. 416, §1 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 2: SCALLOPS › Article 1: LICENSES › 12 §6706. Limited entry

§6706. Limited entry
1.  License eligibility in 2009.
The commissioner may not issue a 2009 hand fishing scallop license or a 2009 scallop dragging license to a person unless that person possessed a scallop license issued pursuant to section 6701 or a scallop boat license issued pursuant to section 6702 in either:
A. The 2005, 2006 or 2007 license year; or   [PL 2011, c. 266, Pt. A, §19 (AMD).]
B. The 2008 license year prior to May 1, 2008.   [PL 2007, c. 607, Pt. A, §4 (NEW).]
[PL 2011, c. 266, Pt. A, §19 (AMD).]
2.  License eligibility in subsequent years.
Except as provided in subsection 3, the commissioner may not issue a hand fishing scallop license or a scallop dragging license to any person in any year subsequent to 2009 unless that person possessed that license in the previous calendar year or is eligible to obtain a license in accordance with the limited entry system established under subsection 3.
[PL 2011, c. 237, §1 (AMD).]
3.  Scallop license limited entry system.
Notwithstanding subsection 2, the commissioner shall establish by rule a limited entry system under which a person who did not hold a hand fishing scallop license or a scallop dragging license in the previous calendar year may become eligible to obtain that license. The rules for a limited entry system must include provisions for the method and administration of the system. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2019, c. 107, §2 (AMD).]
4.  Repeal.
[PL 2011, c. 237, §3 (RP).]
5.  Fee.
If the scallop license limited entry system established under subsection 3 is conducted through a lottery, the commissioner may charge a nonrefundable lottery application fee not to exceed $50. An application fee collected under this subsection must be deposited in the Scallop Research Fund established in section 6729‑A.
[PL 2021, c. 27, §1 (NEW).]
SECTION HISTORY
PL 2007, c. 607, Pt. A, §4 (NEW). PL 2011, c. 237, §§1-3 (AMD). PL 2011, c. 266, Pt. A, §19 (AMD). PL 2019, c. 107, §2 (AMD). PL 2021, c. 27, §1 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 2: SCALLOPS › Article 2: LIMITS ON FISHING › 12 §6721. Minimum size (REPEALED)

§6721. Minimum size
(REPEALED)
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1985, c. 208 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 2: SCALLOPS › Article 2: LIMITS ON FISHING › 12 §6721-A. Shell size minimum (REALLOCATED FROM TITLE 12, SECTION 6728-A)

§6721-A. Shell size minimum
(REALLOCATED FROM TITLE 12, SECTION 6728-A)
1.  Minimum shell size.
Except as provided in subsection 4, this subsection governs the shell size limits of scallops.
A. From December 1, 2003 to November 30, 2004, a person may not possess, ship, transport, buy or sell scallops that are less than 3 3/4 inches in the longest diameter.   [PL 2003, c. 520, §8 (RAL).]
B. On December 1, 2004 and thereafter, a person may not possess, ship, transport, buy or sell scallops that are less than 4 inches in the longest diameter.   [PL 2003, c. 520, §8 (RAL).]
[PL 2003, c. 520, §8 (RAL).]
2.  Prima facie evidence.
It is prima facie evidence of possession of illegal scallops if a vessel contains scallops less than the minimum shell size set by this section or the minimum shell size set by rules adopted pursuant to this section while a person licensed under this subchapter or crew member of a person licensed under this subchapter is shucking scallops.
[PL 2009, c. 561, §23 (AMD).]
3.  Release of undersize scallops.
Those scallops that are less than the minimum shell size established by this section or by rules adopted pursuant to this section must be immediately liberated into the waters from which they were taken.
[PL 2003, c. 520, §8 (RAL).]
4.  Rules.
After December 1, 2004, the commissioner may adopt rules to increase the minimum shell size set by this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2003, c. 520, §8 (RAL).]
5.  Violation.
Notwithstanding section 6174, subsection 3, a person who violates this section commits a civil violation for which the following penalties apply:
A. For the first offense, a mandatory fine of $500 is imposed and all scallops on board may be seized;   [PL 2007, c. 695, Pt. I, §4 (RPR).]
B. For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on board may be seized; and   [PL 2007, c. 695, Pt. I, §4 (RPR).]
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all scallops on board may be seized. This penalty is imposed in addition to the penalty imposed under section 6728‑B.   [PL 2007, c. 695, Pt. I, §4 (RPR).]
[PL 2007, c. 695, Pt. I, §4 (RPR).]
SECTION HISTORY
PL 2003, c. 520, §8 (RAL). PL 2007, c. 557, §4 (AMD). PL 2007, c. 607, Pt. A, §§5, 6 (AMD). PL 2007, c. 607, Pt. B, §4 (AMD). PL 2007, c. 695, Pt. I, §§4, 5 (AMD). PL 2009, c. 561, §23 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 2: SCALLOPS › Article 2: LIMITS ON FISHING › 12 §6722. Scallop season

§6722. Scallop season
1.  Scallop dragging season.
Unless modified by rules adopted under section 6171-A, a person may not fish for or take scallops by dragging in the territorial waters from April 16th to November 30th, both days inclusive.
[PL 2017, c. 222, §3 (AMD).]
2.  Violations.
Notwithstanding section 6174, subsection 3, a person who violates this section commits a civil violation for which the following penalties apply:
A. For the first offense, a mandatory fine of $500 is imposed and all scallops on board may be seized;   [PL 2007, c. 695, Pt. I, §6 (RPR).]
B. For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on board may be seized; and   [PL 2007, c. 695, Pt. I, §6 (RPR).]
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all scallops on board may be seized. The penalty imposed pursuant to this paragraph is in addition to the penalty imposed under section 6728‑B.   [PL 2007, c. 695, Pt. I, §6 (RPR).]
[PL 2007, c. 695, Pt. I, §6 (RPR).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1981, c. 96 (RPR). PL 1983, c. 685 (AMD). PL 1999, c. 94, §1 (AMD). PL 2001, c. 272, §14 (AMD). PL 2007, c. 557, §5 (RPR). PL 2007, c. 607, Pt. B, §5 (RPR). PL 2007, c. 695, Pt. I, §6 (RPR). PL 2017, c. 222, §3 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 2: SCALLOPS › Article 2: LIMITS ON FISHING › 12 §6723. Drag limits in Blue Hill Bay (REPEALED)

§6723. Drag limits in Blue Hill Bay
(REPEALED)
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1981, c. 91 (AMD). PL 2007, c. 607, Pt. A, §7 (RPR). PL 2015, c. 494, Pt. A, §5 (AMD). PL 2019, c. 230, §1 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 2: SCALLOPS › Article 2: LIMITS ON FISHING › 12 §6724. Otter trawl in Penobscot River

§6724. Otter trawl in Penobscot River
1.  Prohibition.
A person may not fish for or take scallops by use of an otter trawl inside and upriver of a line drawn from the lighthouse on Dice Head, Castine to Turtle Head on Islesboro and thence to the town wharf at Bayside, Northport.
[PL 2007, c. 607, Pt. B, §6 (NEW).]
2.  Violations.
A person who violates this section commits a civil violation for which the following penalties apply:
A. For the first offense, a mandatory fine of $500 is imposed and all scallops on board may be seized;   [PL 2007, c. 607, Pt. B, §6 (NEW).]
B. For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on board may be seized; and   [PL 2007, c. 607, Pt. B, §6 (NEW).]
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all scallops on board may be seized. This penalty is imposed in addition to the penalty imposed under section 6728‑B.   [PL 2007, c. 607, Pt. B, §6 (NEW).]
[PL 2007, c. 607, Pt. B, §6 (NEW).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 2007, c. 607, Pt. B, §6 (RPR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 2: SCALLOPS › Article 2: LIMITS ON FISHING › 12 §6725. Possession of illegal scallops

§6725. Possession of illegal scallops
1.  Prohibition.
A person may not possess, ship, transport, buy or sell scallops taken in violation of this subchapter.
[PL 2007, c. 695, Pt. I, §7 (RPR).]
2.  Violations.
Notwithstanding section 6174, subsection 3, a person who violates this section commits a civil violation for which the following penalties apply:
A. For the first offense, a mandatory fine of $500 is imposed and all scallops on board may be seized;   [PL 2007, c. 695, Pt. I, §7 (RPR).]
B. For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on board may be seized; and   [PL 2007, c. 695, Pt. I, §7 (RPR).]
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all scallops on board may be seized. The penalty imposed pursuant to this paragraph is in addition to the penalty imposed under section 6728‑B.   [PL 2007, c. 695, Pt. I, §7 (RPR).]
[PL 2007, c. 695, Pt. I, §7 (RPR).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 2007, c. 557, §6 (RPR). PL 2007, c. 607, Pt. B, §7 (RPR). PL 2007, c. 695, Pt. I, §7 (RPR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 2: SCALLOPS › Article 2: LIMITS ON FISHING › 12 §6726. Ring size

§6726. Ring size
1.  Minimum size.
The minimum ring size is 3 1/2 inches except as provided by rule. The commissioner shall establish by rule a minimum ring size that may not be smaller than 4 inches in diameter. A person may not use a drag to fish for or take scallops in the territorial waters with rings that measure less than the ring size provided pursuant to this subsection. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A.
A. [PL 1999, c. 94, §2 (RP).]
B. [PL 2007, c. 607, Pt. A, §8 (RP).]
C. [PL 2007, c. 607, Pt. A, §8 (RP).]
[PL 2007, c. 607, Pt. A, §8 (AMD).]
2.  Measurement of rings.
Ring size is determined by measuring the shortest straight line passing through the center of the ring from one inside edge to the opposite inside edge of the ring. The measurement may not include links or normal welds from ring manufacturing. The rings measured must be at least 5 rings away from the mouth and at least 2 rings away from other rigid portions of the drag.
[PL 1997, c. 281, §1 (NEW).]
3.  Configuration of drag.
The commissioner shall adopt rules that limit the mesh size of net material on the top of a scallop drag, prohibit chafing gear or cookies on the top of a scallop drag, establish ring link restrictions for a scallop drag and prohibit drag or net obstructions. Rules initially adopted pursuant to this subsection must be identical to federal regulations in the Atlantic sea scallop fishery in effect on March 25, 1997 that limit the mesh size of net material on the top of a scallop drag, prohibit chafing gear or cookies on the top of a scallop drag, establish ring link restrictions for a scallop drag and prohibit drag or net obstructions. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter II‑A.
[PL 1997, c. 281, §1 (NEW).]
4.  Violations.
Notwithstanding section 6174, subsection 3, a person who violates this section commits a civil violation for which the following penalties apply:
A. For the first offense, a mandatory fine of $500 is imposed and all scallops on board may be seized;   [PL 2007, c. 557, §7 (NEW).]
B. For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on board may be seized; and   [PL 2007, c. 557, §7 (NEW).]
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all scallops on board may be seized. The penalty imposed pursuant to this paragraph is in addition to the penalty imposed under section 6728‑B.   [PL 2007, c. 557, §7 (NEW).]
[PL 2007, c. 695, Pt. I, §8 (AMD).]
SECTION HISTORY
PL 1997, c. 281, §1 (NEW). PL 1999, c. 94, §2 (AMD). PL 2001, c. 272, §15 (AMD). PL 2007, c. 557, §7 (AMD). PL 2007, c. 607, Pt. A, §8 (AMD). PL 2007, c. 695, Pt. I, §8 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 2: SCALLOPS › Article 2: LIMITS ON FISHING › 12 §6727. Drag width (REPEALED)

§6727. Drag width
(REPEALED)
SECTION HISTORY
PL 1997, c. 281, §1 (NEW). PL 1999, c. 94, §§3,4 (AMD). PL 2001, c. 272, §16 (AMD). PL 2007, c. 607, Pt. A, §9 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 2: SCALLOPS › Article 2: LIMITS ON FISHING › 12 §6728. Limits in Cobscook Bay

§6728. Limits in Cobscook Bay
1.  Daily limit; rules.
In the coastal waters northerly and inshore of the international bridge that connects Lubec to Campobello Island, New Brunswick, Canada, a person may not fish for, take or possess more than 15 gallons of scallop meat per day. Under this subsection a person may not unload any portion of a day's catch and return to fishing. The department shall establish by rule a bushel limit of shellstock that is equivalent to 15 gallons of meat. The department shall also establish by rule a method to allow harvesters to land and possess scallops in Cobscook Bay that are taken outside the area defined in this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
[PL 2007, c. 557, §8 (AMD).]
2.  Culling required.
[PL 2003, c. 63, §1 (RP).]
3.  Violation.
[PL 2015, c. 329, Pt. A, §1 (RP).]
3-A.  Violation.
Notwithstanding section 6174, a person who violates this section commits a civil violation. The following penalties apply:
A. For the first offense, a mandatory fine of $500 is imposed and all scallops on board may be seized;   [PL 2015, c. 329, Pt. A, §2 (AMD).]
B. For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on board may be seized; and   [PL 2007, c. 607, Pt. A, §11 (NEW).]
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all scallops on board may be seized and the scallop dragging license may be suspended for one year. The penalty imposed pursuant to this paragraph is in addition to the penalty imposed under section 6728‑B.   [PL 2015, c. 329, Pt. A, §2 (AMD).]
[PL 2015, c. 329, Pt. A, §2 (AMD).]
SECTION HISTORY
PL 2001, c. 192, §1 (NEW). PL 2003, c. 63, §1 (AMD). PL 2007, c. 557, §§8, 9 (AMD). PL 2007, c. 607, Pt. A, §§10, 11 (AMD). PL 2015, c. 329, Pt. A, §§1, 2 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 2: SCALLOPS › Article 2: LIMITS ON FISHING › 12 §6728-A. Shell size minimum (REALLOCATED FROM TITLE 12, SECTION 6729) (REALLOCATED TO TITLE 12, SECTION 6721-A)

§6728-A. Shell size minimum
(REALLOCATED FROM TITLE 12, SECTION 6729)
(REALLOCATED TO TITLE 12, SECTION 6721-A)
SECTION HISTORY
RR 2003, c. 1, §7 (RAL). PL 2003, c. 520, §8 (RAL).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 2: SCALLOPS › Article 2: LIMITS ON FISHING › 12 §6728-B. Habitual violations

§6728-B. Habitual violations
The commissioner shall suspend the handfishing scallop license or other license issued under this Part authorizing the taking of scallops of any license holder adjudicated or convicted in court of a 3rd or subsequent violation of this subchapter. The suspension must be for at least one year from the date of conviction and may be for up to 3 years.   [PL 2007, c. 695, Pt. I, §9 (RPR).]
SECTION HISTORY
PL 2007, c. 557, §10 (NEW). PL 2007, c. 607, Pt. B, §8 (NEW). PL 2007, c. 695, Pt. I, §9 (RPR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 2: SCALLOPS › Article 2: LIMITS ON FISHING › 12 §6728-C. Dive-only areas

§6728-C. Dive-only areas
1.  Dragging in dive-only areas prohibited.
A person may not take scallops by dragging in a dive-only area, as established in subsection 2.
[PL 2013, c. 230, §1 (NEW).]
2.  Dive-only areas established.
At the written request of a municipality, the commissioner may establish in harbors where there are 5 or more moorings within that municipality dive-only areas where a person may fish for or take scallops by hand.
[PL 2013, c. 230, §1 (NEW).]
3.  Violation.
A person who violates subsection 1 commits a civil violation for which the following penalties apply:
A. For a first offense, a mandatory fine of $500 is imposed and all scallops on board may be seized;   [PL 2013, c. 230, §1 (NEW).]
B. For a 2nd offense, a mandatory fine of $750 is imposed and all scallops on board may be seized; and   [PL 2013, c. 230, §1 (NEW).]
C. For a 3rd or subsequent offense, a mandatory fine of $750 is imposed and all scallops on board may be seized. This penalty is imposed in addition to the penalty imposed under section 6728‑B.   [PL 2013, c. 230, §1 (NEW).]
[PL 2013, c. 230, §1 (NEW).]
4.  Rules.
The commissioner may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2013, c. 230, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 230, §1 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 2: SCALLOPS › Article 3: SCALLOP RESEARCH › 12 §6729. License surcharges

§6729. License surcharges
1.  License surcharges.
The following surcharges are assessed on licenses issued by the department:
A. For a hand fishing scallop license, $100;   [PL 2003, c. 319, §2 (NEW).]
B. For a scallop draggers license, $100, plus an additional $250 to sponsor an apprentice pursuant to section 6702, subsection 7;   [PL 2019, c. 107, §3 (AMD).]
C. For a sea urchin and scallop diving tender license, $50;   [PL 2009, c. 561, §24 (AMD).]
D. For a noncommercial scallop license, $40, except as provided in section 6703, subsection 4-A; and   [PL 2019, c. 575, §5 (AMD).]
E. For a hand fishing scallop license with tender, $100.   [PL 2009, c. 561, §26 (NEW).]
[PL 2019, c. 575, §5 (AMD).]
2.  Deposit.
The commissioner shall deposit surcharges assessed in this section in the Scallop Research Fund under section 6729-A, except that fees collected under subsection 1, paragraph C must be divided equally between the Scallop Research Fund and the Sea Urchin Research Fund established in section 6749-R.
[PL 2009, c. 561, §27 (AMD).]
Revisor's Note: §6729. Shell size minimum (As enacted by PL 2003, c. 63, §2 is REALLOCATED TO TITLE 12, SECTION 6728-A AND THEN TO TITLE 12, SECTION 6721-A)
SECTION HISTORY
RR 2003, c. 1, §7 (RAL). PL 2003, c. 63, §2 (NEW). PL 2003, c. 319, §2 (NEW). PL 2007, c. 607, Pt. A, §12 (AMD). PL 2009, c. 561, §§24-27 (AMD). PL 2019, c. 107, §3 (AMD). PL 2019, c. 575, §5 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 2: SCALLOPS › Article 3: SCALLOP RESEARCH › 12 §6729-A. Scallop Research Fund

§6729-A. Scallop Research Fund
The Scallop Research 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 to the next fiscal year.   [PL 2003, c. 319, §2 (NEW).]
1.  Uses of fund.
The commissioner shall use the fund for research directly related to scallop fishery management information needs, for implementation of scallop management measures, for reporting to licensed scallop harvesters on the results of research and the use of fund revenues and for the administration of an apprentice program established pursuant to section 6702, subsection 7. The commissioner may authorize the expenditure of money in the fund for research and development programs that address the restoration, development or conservation of scallop resources. The commissioner shall consult with the Scallop Advisory Council under section 6729-B before deciding upon research projects and awarding grants from the fund. The fund may also be used for support of the Scallop Advisory Council, including reimbursement for travel expenses.
[PL 2019, c. 107, §4 (AMD).]
2.  Sources of revenue.
The fund is capitalized by license fees and surcharges assessed under section 6702, subsection 7 and section 6729. In addition to those revenues, the commissioner may accept and deposit in the fund money from any other source, public or private.
[PL 2019, c. 107, §5 (AMD).]
3.  Scallop Advisory Council.
The commissioner shall consult with the Scallop Advisory Council under section 6729-B on the expenditure of funds under this section.
[PL 2003, c. 319, §2 (NEW).]
SECTION HISTORY
PL 2003, c. 319, §2 (NEW). PL 2007, c. 607, Pt. A, §13 (AMD). PL 2019, c. 107, §§4, 5 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 2: SCALLOPS › Article 3: SCALLOP RESEARCH › 12 §6729-B. Scallop Advisory Council

§6729-B. Scallop Advisory Council
1.  Appointment; composition.
The Scallop Advisory Council, referred to in this section as "the council," established by Title 5, section 12004‑I, subsection 57‑F, consists of 13 members. The commissioner shall appoint the members as follows:
A. Four scallop harvesters who hold current hand fishing scallop licenses;   [PL 2003, c. 319, §2 (NEW).]
B. Four scallop harvesters who hold current scallop draggers licenses;   [PL 2003, c. 319, §2 (NEW).]
C. Two wholesale seafood license holders who deal in scallops;   [PL 2003, c. 319, §2 (NEW).]
D. Two scientists who have expertise in marine resources management; and   [PL 2003, c. 319, §2 (NEW).]
E. One person who is a public member.   [PL 2003, c. 319, §2 (NEW).]
The commissioner shall ensure geographic representation in making appointments under paragraphs A and B.
[PL 2003, c. 319, §2 (NEW).]
2.  Term.
A member serves for a 2-year term, except that a vacancy must be filled by the commissioner for the unexpired portion of a term. When a vacancy occurs, the commissioner shall fill the vacancy by appointing a member from the same category of members listed in subsection 1 as the member who vacated the council. A member continues to serve until the member's successor is appointed.
[PL 2003, c. 319, §2 (NEW).]
3.  Purpose.
The council shall make recommendations to the commissioner concerning:
A. Research projects and grants made by the Scallop Research Fund. The council may seek advice from scientists who have expertise in marine resources management in determining the research needs for the scallop fishery; and   [PL 2003, c. 319, §2 (NEW).]
B. Other matters of interest to the scallop fishery.   [PL 2003, c. 319, §2 (NEW).]
[PL 2003, c. 319, §2 (NEW).]
4.  Compensation.
Members are entitled to expenses according to Title 5, chapter 379.
[PL 2003, c. 319, §2 (NEW).]
5.  Chair and officers.
The council shall choose annually one of its members to serve as chair for a one-year term. The council may select other officers and designate their duties.
[PL 2003, c. 319, §2 (NEW).]
6.  Meetings.
The council shall meet at least once a year. It may also meet at other times at the call of the chair or the chair's designee or at the call of the commissioner or the commissioner's designee.
[PL 2003, c. 319, §2 (NEW).]
SECTION HISTORY
PL 2003, c. 319, §2 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 2-A: QUAHOGS › Article 1: LICENSES › 12 §6731. Mahogany quahogs

§6731. Mahogany quahogs
1.  License required.
Except as provided in subsection 3, a person may not engage in the activities authorized under this section without a current mahogany quahog license.
[PL 2001, c. 421, Pt. B, §42 (AMD); PL 2001, c. 421, Pt. C, §1 (AFF).]
2.  Licensed activities.
The holder of a mahogany quahog license may:
A. Fish for or take mahogany quahogs in any harvesting area indicated on the license;   [PL 1989, c. 828, §2 (NEW).]
B. Possess or transport mahogany quahogs within the State; or   [PL 2005, c. 434, §7 (AMD).]
C. Sell mahogany quahogs that the holder has taken to a wholesale seafood license holder certified under section 6856 or an enhanced retail certificate holder under section 6852, subsection 2‑A.   [PL 2011, c. 598, §32 (AMD).]
The license authorizes crew members aboard the licensee's boat to undertake these activities when engaged in dragging for mahogany quahogs if the licensee is present.
[PL 2011, c. 598, §32 (AMD).]
3.  Personal use exception.
A person may take or possess no more than 3 bushels of mahogany quahogs for personal use in one day without a license.
[PL 2001, c. 421, Pt. B, §42 (AMD); PL 2001, c. 421, Pt. C, §1 (AFF).]
4.  Fee.
The fee for a mahogany quahog license is $128. Fees collected pursuant to this section must be deposited in the General Fund.
[PL 2009, c. 213, Pt. G, §20 (AMD).]
5.  Conditions.
Each licensee may participate in the monitoring program established in section 6731-A within the harvest area indicated on the license. The holder of a mahogany quahog license shall comply with all other conditions of licensing established by the commissioner.
[PL 1989, c. 828, §3 (NEW).]
6.  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, §42 (NEW); PL 2001, c. 421, Pt. C, §1 (AFF).]
SECTION HISTORY
PL 1981, c. 297, §4 (NEW). PL 1981, c. 550 (AMD). PL 1989, c. 828, §§1-3 (AMD). PL 1991, c. 390, §8 (AMD). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 528, §T9 (AMD). PL 1991, c. 591, §T9 (AMD). PL 2001, c. 421, §B42 (AMD). PL 2001, c. 421, §C1 (AFF). PL 2003, c. 20, §WW16 (AMD). PL 2005, c. 434, §7 (AMD). PL 2009, c. 213, Pt. G, §20 (AMD). PL 2009, c. 217, §3 (AMD). PL 2011, c. 598, §32 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 2-A: QUAHOGS › Article 1: LICENSES › 12 §6731-A. Mahogany quahog monitoring program

§6731-A. Mahogany quahog monitoring program
The department shall establish a program to protect the public health by monitoring the levels of paralytic shellfish toxin in mahogany quahogs. The department shall identify harvesting areas, sampling areas and stations needed to achieve this goal in accordance with the following provisions.   [PL 1989, c. 828, §4 (NEW).]
1.  Harvesting areas.
The department shall establish harvesting areas that reflect the demand for taking mahogany quahogs by harvesters from the various regions of the State and the relative location of mahogany quahog beds.
[PL 1989, c. 828, §4 (NEW).]
2.  Industry groups.
For each harvesting area the department shall establish a volunteer industry-based group to select mahogany quahog harvesters to collect samples and transport department personnel to and from sampling areas. Each group shall select and notify the department of the mahogany quahog harvesters who have volunteered for each month's sampling duty in the harvesting area.
[PL 1989, c. 828, §4 (NEW).]
3.  Sampling.
The department shall schedule all sampling runs. A department observer shall be on board each vessel engaged in the sampling activity. The department shall notify the harvester in advance as to the time, location and number of samples to be collected. In the event weekly collection of samples is not feasible, an alternative sampling date may be established by the department. The department shall test for the presence of paralytic shellfish toxin in the samples.
[PL 1989, c. 828, §4 (NEW).]
4.  Rules.
The commissioner may adopt rules, in accordance with the Maine Administrative Procedure Act, necessary to achieve the intent of this section.
[PL 1989, c. 828, §4 (NEW).]
5.  Mahogany Quahog Monitoring Fund.
The Mahogany Quahog Monitoring Fund is established within the department. The commissioner shall use any money credited to the Mahogany Quahog Monitoring Fund for the collection of samples required under this section to monitor the level of paralytic shellfish toxin in mahogany quahogs and to conduct stock assessments of the mahogany quahog resource. All money in the Mahogany Quahog Monitoring Fund is subject to allocation by the Legislature. The Mahogany Quahog Monitoring Fund may not lapse but must carry forward to be used for the same purpose. Nothing in this subsection prohibits the commissioner from using other funds budgeted by the department to carry out the purposes of this section.
[PL 2003, c. 593, §1 (AMD).]
6.  Stock assessment.
The department shall conduct stock assessments of the mahogany quahog resource beginning no later than January 1, 2005.
[PL 2011, c. 598, §33 (AMD).]
SECTION HISTORY
PL 1989, c. 828, §4 (NEW). PL 1991, c. 561, §1 (AMD). PL 2003, c. 593, §§1,2 (AMD). PL 2011, c. 598, §33 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 2-A: QUAHOGS › Article 1: LICENSES › 12 §6732. Other quahogs

§6732. Other quahogs
1.  License required.
A person may not engage in the activities authorized under this section without a current commercial shellfish license or other license issued under this Part authorizing the activities.
[PL 2005, c. 434, §8 (AMD).]
2.  Licensed activities.
The holder of a commercial shellfish license may fish for or take quahogs, other than mahogany quahogs, or possess or transport quahogs within the state limits or sell quahogs the holder has taken to a wholesale seafood license holder certified under section 6856.
[PL 2005, c. 434, §8 (AMD).]
3.  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, §43 (NEW); PL 2001, c. 421, Pt. C, §1 (AFF).]
SECTION HISTORY
PL 1981, c. 297, §4 (NEW). PL 2001, c. 421, §B43 (AMD). PL 2001, c. 421, §C1 (AFF). PL 2005, c. 434, §8 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 2-A: QUAHOGS › Article 2: LIMITS ON FISHING › 12 §6741. Minimum size (REPEALED)

§6741. Minimum size
(REPEALED)
SECTION HISTORY
PL 1981, c. 297, §4 (NEW). PL 1981, c. 462, §§4,5 (AMD). PL 1985, c. 481, §A43 (AMD). PL 1985, c. 586 (AMD). PL 1987, c. 694, §3 (AMD). PL 1991, c. 784, §7 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 2-A: QUAHOGS › Article 2: LIMITS ON FISHING › 12 §6742. Quahog tax (REPEALED)

§6742. Quahog tax
(REPEALED)
SECTION HISTORY
PL 1981, c. 297, §4 (NEW). PL 1985, c. 481, §A44 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 2-A: QUAHOGS › Article 2: LIMITS ON FISHING › 12 §6742-A. Mahogany quahog tax (REPEALED)

§6742-A. Mahogany quahog tax
(REPEALED)
SECTION HISTORY
PL 1985, c. 784, §2 (NEW). PL 1987, c. 513, §8 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 2-A: QUAHOGS › Article 2: LIMITS ON FISHING › 12 §6743. Closed areas

§6743. Closed areas
1.  Mahogany quahogs from closed areas.
A person may not:
A. Fish for or take mahogany quahogs from an area closed pursuant to section 6172; or   [PL 2011, c. 691, Pt. F, §1 (AMD).]
B. Possess, ship, transport or sell mahogany quahogs taken from an area closed pursuant to section 6172.   [PL 2011, c. 691, Pt. F, §1 (AMD).]
[PL 2011, c. 691, Pt. F, §1 (AMD).]
2.  Washing or holding in closed areas.
A person may not:
A. Wash, hold or keep mahogany quahogs in an area closed pursuant to section 6172; or   [PL 2011, c. 691, Pt. F, §1 (AMD).]
B. Possess, ship, transport or sell mahogany quahogs washed, held or kept in an area closed pursuant to section 6172.   [PL 2011, c. 691, Pt. F, §1 (AMD).]
[PL 2011, c. 691, Pt. F, §1 (AMD).]
3.  Exception.
This section does not apply to the taking of mahogany quahogs under the authority of section 6856.
[PL 2011, c. 691, Pt. F, §1 (AMD).]
SECTION HISTORY
PL 1981, c. 297, §4 (NEW). PL 2003, c. 452, §F21 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2003, c. 520, §9 (AMD). PL 2011, c. 691, Pt. F, §1 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES › Subchapter 2-B: MUSSELS › 12 §6745. Hand-raking mussel license

§6745. Hand-raking mussel license
1.  License required.
A person may not engage in the activities authorized under this section without a current mussel license or other license issued under this Part authorizing the activities.
[PL 2001, c. 421, Pt. B, §44 (AMD); PL 2001, c. 421, Pt. C, §1 (AFF).]
2.  Licensed activity.
The holder of a hand-raking mussel license may take mussels by hand raking or possess or transport mussels within the state limits or sell mussels the holder has taken to a wholesale seafood license holder certified under section 6856 or an enhanced retail certificate holder under section 6852, subsection 2-A.
[PL 2011, c. 598, §34 (AMD).]
2-A.  Licensed activities; aquaculture.
[PL 2017, c. 296, §7 (RP); PL 2017, c. 296, §10 (AFF).]
3.  Eligibility.
A hand-raking mussel license may be issued only to an individual who is a resident.
[PL 2001, c. 421, Pt. B, §44 (AMD); PL 2001, c. 421, Pt. C, §1 (AFF).]
4.  Exception.
In any one day, a person may take or possess not more than 2 bushels of shellstock for personal use without a mussel license.
[PL 2005, c. 434, §9 (AMD).]
5.  License fee.
The fee for a hand-raking mussel license is $58.25.
[PL 2017, c. 284, Pt. EEEEE, §17 (AMD).]
6.  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, §44 (NEW); PL 2001, c. 421, Pt. C, §1 (AFF).]
SECTION HISTORY
PL 1987, c. 328, §3 (NEW). PL 1987, c. 826, §3 (AMD). PL 1989, c. 348, §6 (AMD). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 528, §T10 (AMD). PL 1991, c. 591, §T10 (AMD). PL 2001, c. 421, §B44 (AMD). PL 2001, c. 421, §C1 (AFF). PL 2003, c. 20, §WW17 (AMD). PL 2005, c. 434, §9 (AMD). PL 2007, c. 522, §4 (AMD). PL 2009, c. 213, Pt. G, §21 (AMD). PL 2009, c. 217, §4 (AMD). PL 2011, c. 598, §34 (AMD). PL 2017, c. 284, Pt. EEEEE, §17 (AMD). PL 2017, c. 296, §7 (AMD). PL 2017, c. 296, §10 (AFF).