reglab/statecodes huggingface dataset:
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 7 - REQUIREMENTS FOR MUNICIPALITIES HAVING SHELLFISH CONSERVATION PROGRAMS › Section 188-7-40 - Municipal Licensing of Shellfish Harvesters

Current through 2024-29, July 17, 2024
1. The number of shellfish licenses allocated
				to municipal residents and nonresidents shall be established by the
				municipality and approved by the Commissioner prior to the period of issuance
				(Chapter 7.10(6)). Licenses unsold after the period of issuance shall be made
				available to residents and nonresidents alike on a first come, first served
				basis or by lottery using an official, written list that is posted publicly.
				Licenses unsold during the period of issuance shall be issued for the original
				allocated fee in each category regardless of residency. The period of issuance
				for resident and nonresident licenses for municipalities with limited license
				allocations shall be the same in accordance with 12 M.R.S. §6671 (3-A).
				The total number of non-resident licenses to be issued by a municipality shall
				be made available from the start of the period of issuance.
2. Towns with unlimited commercial license
				allocations shall make available and issue if applicable on the first day of
				license sales, to qualifying non-residents, no less than 10% of the total
				number of resident licenses issued in the previous year. There after,
				non-resident licenses will be issued according to the 10% rule in accordance
				with 12 MRS §6671 (3-A)(E) and (F).
3. In accordance with 12 M.R.S. §6671
				(3-A)(E) and (F), the application of the minimum 10% ratio for allocation and
				issuance of nonresident commercial licenses is summarized in Table 1.
				Municipalities may issue more than the minimum number of non-resident licenses
				listed.
Table 1.
Number of Resident
						  licenses:
Number of Non-resident licenses
1-5
0
6-10
1
11-20
2
21-30
3 etc.
4.
				Municipal shellfish license applicants who complete conservation time (or
				conservation credit activities) in order to be eligible for a municipal
				shellfish license according to the Municipal Shellfish Conservation Ordinance,
				shall remain eligible until they have been issued or offered a shellfish
				license by the municipality so long as the applicant applies annually for the
				license.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 7 - REQUIREMENTS FOR MUNICIPALITIES HAVING SHELLFISH CONSERVATION PROGRAMS › Section 188-7-50 - Municipal Shellfish Conservation Activities

Current through 2024-29, July 17, 2024
1.
Request for Municipal Shellfish
				Conservation Closure/Opening
A.
				Municipal Shellfish Conservation Closure/Opening applications will be reviewed
				by the Department and permits will be issued based on the applicant's ability
				to meet the criteria for any conservation action.
B. Municipalities must apply at least 20 days
				prior to the requested date, in writing on Department approved forms to the
				Department for a conservation closure or opening.
C.
Notification
The Municipality shall provide sufficient notification to the
				  public of any conservation closure or opening by publishing, advertising and/
				  or posting in public places, an official municipal closure or opening notice
				  signed by the Shellfish Warden or the Department issued permit, five (5) days
				  prior to the initial closure or opening date. The method of notification must
				  be approved by the Department prior to issuance of the permit.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 7 - REQUIREMENTS FOR MUNICIPALITIES HAVING SHELLFISH CONSERVATION PROGRAMS › Section 188-7-60 - Rescision of Approval

Current through 2024-29, July 17, 2024
If a municipality violates or fails to enforce any provision
				  of this regulation or of the approved ordinance, the Commissioner may rescind
				  his approval of that municipality's shellfish conservation ordinance and
				  program. Prior to such Recision, the Commissioner shall give written notice to
				  the municipality of the violation or failure and of his intention to rescind
				  his approval. The notice shall designate a reasonable time period during which
				  the municipality may correct the violation or failure or may request a hearing
				  on the matter. If a hearing is requested, the Commissioner shall provide the
				  same prior to making a final decision whether to rescind approval. If the
				  Commissioner rescinds his approval, the municipality's shellfish conservation
				  ordinance and program shall, as of the date specified in the Commissioner's
				  Recision notice, no longer be in effect and the area shell thereafter be
				  governed by applicable state law and Department regulation.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 7 - REQUIREMENTS FOR MUNICIPALITIES HAVING SHELLFISH CONSERVATION PROGRAMS › Section 188-7-70 - Intertidal Mussel Harvesting by Drag or Dredge

Current through 2024-29, July 17, 2024
1.
Municipal
				responsibilities
A municipality with an approved municipal shellfish
				  conservation program may specify intertidal areas to be limited for mussel
				  harvesting by drag in accordance with 12 M.R.S. §6671. The municipality's
				  specified intertidal areas and procedures for enforcement shall be submitted to
				  the Commissioner for approval as part of its Municipal Shellfish Conservation
				  Ordinance. Once these specified areas are approved, they will be posted on the
				  Department's website. The municipality shall provide sufficient notification to
				  the public of any area limited for mussel harvesting by drag by publishing,
				  advertising and/or posting in public places, an official municipal notice
				  signed by the shellfish warden five (5) days prior to the initial
				  implementation date. The method of notification must be approved by the
				  Department prior to approval of areas limited for mussel harvesting by
				  drag.
Upon receipt of a request for a recommendation regarding a
				  permit, presented in accordance with Chapter 7.70(2), the municipality shall
				  provide its recommendations to the applicant within 21 days.
2.
Intertidal mussel harvesting
				permits
Prior to issuance of an Intertidal Mussel Harvest permit in
				  an approved, municipally defined area(s), the applicant shall submit their
				  application to the Department who will forward it to the municipality. The
				  completed permit application, and municipal recommendation must be provided to
				  the Department by the respective party for permit consideration, in accordance
				  with 12 M.R.S. §6671(3)(A)(5).
The application shall include the harvester's name, address,
				  business phone, email address, fax number, vessel name and registration number,
				  mussel harvesting license number, locations selected, start and end dates of
				  harvest activity, targeted quantity of seed mussels and or market size product,
				  and date of application.
3.
Compliance
Any failure to comply with permit conditions shall be grounds
				  for refusal of future permit applications until the Commissioner deems the
				  applicant can meet the permit conditions.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 7 - REQUIREMENTS FOR MUNICIPALITIES HAVING SHELLFISH CONSERVATION PROGRAMS › Section 188-7-80 - Municipal Aquaculture Activities Report

Current through 2024-29, July 17, 2024
In accordance with 12 M.R.S. §6673(3) the municipality
				  shall submit an annual report, on forms provided by the Department, to the
				  Commissioner on its permitted aquaculture sites.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 8 - LANDINGS PROGRAM › Section 188-8-01 - Definitions

Current through 2024-29, July 17, 2024
A. Except as modified, the definitions
				contained in 12 M.R.S. § 6001 shall apply to this Chapter, in addition to
				the following;
1. "Dealer License" means
				Seaweed, Wholesale, Retail, Marine Worm or Elver dealer license as defined in
				§ 6803- A, § 6851, § 6852, § 6853 and § 6864.
2. "Dealer" means any person who
				holds a Dealer License and buys, sells, barters or distributes for commercial
				purposes, other than solely for transportation, any marine organism.
3. "Harvester" means a licensed person who
				removes marine organisms (plants or animals) from the marine environment for
				personal or commercial use.
4.
				"Primary Buyer" means a Dealer who buys or obtains catch directly from any
				licensed harvester.
5. "Catch"
				means all species removed from the marine environment by a licensed
				harvester.
6. "Landing" means all
				harvested marine specie(s), in numbers or amounts, brought to shore and
				retained at the end of a trip.
7.
				"Contact Information", unless otherwise noted, means the Department of Marine
				Resources (DMR), Landings Program, P.O. Box 8, West Boothbay Harbor, Maine
				04575-0008; telephone: (207) 633-9500; fax: (207) 633-9579.
8. "Carred" or "Carred catch" means an
				aggregate of marine organisms that have been combined from more than one
				trip.
9. "Trip" means beginning and
				ending of a harvesting occurrence unique to one area and one gear.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 8 - LANDINGS PROGRAM › Section 188-8-02 - Compliance

Current through 2024-29, July 17, 2024
Dealers and harvesters must comply with reporting
				  requirements in this Chapter. Data collected pursuant to this Chapter is
				  subject to the confidentiality provisions of 12 M.R.S. § 6173 and DMR
				  regulations Chapter 5. Any misrepresentation of information in connection with
				  the reporting requirements of this chapter shall be a violation of this rule.
				  All data and reports shall be submitted to the Department of Marine Resource's
				  Landing Program unless specifically noted otherwise. See contact information in
				  Chapter 8.01(7) above unless specifically noted otherwise. All data and reports
				  shall be submitted to the Department by the 10th day
				  of the following month unless otherwise noted; for example, reports for the
				  month of January must be submitted by the dealer or harvester in time for the
				  report to arrive at the Department by February 10th,
				  unless otherwise noted. All data sent to DMR must be legible, coherent and in
				  conformance with DMR specified standards.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 8 - LANDINGS PROGRAM › Section 188-8-05 - Primary Buyers' Permit

Current through 2024-29, July 17, 2024
Persons that hold any dealer license and buys or transfers
				  any marine organisms directly from harvesters must obtain a Primary Buyer
				  permit. There will be no additional charge for this permit.
Applicable licenses include: Wholesale Seafood license
				  holders including dealers that hold an additional permit for urchins or shrimp
				  (12 M.R.S. § 6851); Wholesale Seafood license holders with lobster permit
				  (12 M.R.S. § 6851 (2-A)); retail seafood license holders (12 M.R.S. §
				  6852); marine worm dealer license holders (12 M.R.S. § 6853); elver dealer
				  license holders (12 M.R.S. § 6864); and Shellfish Sanitation and
				  Certificate holders (12 M.R.S. § 6856(1)) .
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 8 - LANDINGS PROGRAM › Section 188-8-10 - Primary Buyer Permit Reporting

Current through 2024-29, July 17, 2024
A. Primary Buyers
				shall report all transactions pertaining to buying any marine organism directly
				from harvesters on a trip level basis. The following data elements shall be
				reported to the DMR on approved paper forms or through approved electronic
				reporting mechanisms:
1. Dealer name (as it
				appears on the dealer license) & license number
2. Designate negative report period if no
				transactions purchased from harvesters
3. Date purchased/ & date
				landed
4. Harvester identification
				& vessel identification
5.
				Species
6. Amount
7. Grade & market category
8. Gear type (fishing method)
9. Disposition
10. Port landed
11. Indicate if catch was carred
12. Ex-vessel value (monthly
				average)
13. Signature written or
				electronic
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 8 - LANDINGS PROGRAM › Section 188-8-20 - Harvester Reporting

Current through 2024-29, July 17, 2024
A.
Green
				Crabs
(repealed)
B.
Sea Cucumber
(previously Chapter 27.03(F))
Each holder of a sea cucumber endorsement is required to
				  report fishing activity and landings on forms supplied by the Department.
				  Reporting is required on a daily basis and must be mailed to the Department
				  weekly. No fishing activity will be reported as "did not fish" on the forms.
				  The reports must include the following information:
1. Location or locations of fishing activity
				by longitude and latitude
2.
				Date(s) fished
3. Time at
				sea
4. Time fished
5. Catch in pounds or totes
6. Number of tows
7. Port of landings
8. Name of buyer and date of sale
9. Price in pounds or totes
10. Approximate depth(s) where fishing
				occurred
11. Length of tows in
				minutes
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 9 - HARVESTER: SHELLSTOCK HARVESTING, HANDLING AND SANITATION › Section 188-9-02 - Shellstock Washing

Current through 2024-29, July 17, 2024
A. Shellstock must
				be washed such as to be reasonably free of bottom sediments as soon after
				harvest as practicable.
B.
				Shellstock must be culled of dead, broken or gaping shellfish as soon after
				harvest as practicable and prior to presentation for direct market or delivery
				to a certified dealer.
C. The
				harvester must wash the shellstock using one of the following methods:
1. Wash the shellstock using water from a
				growing area classified as approved or conditionally approved in the open
				status at the time and place of harvest; or
2. If shellstock washing is not feasible at
				the time of harvest, the certified dealer shall be responsible for washing
				using only water from an approved source.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 9 - HARVESTER: SHELLSTOCK HARVESTING, HANDLING AND SANITATION › Section 188-9-03 - Protection from Contamination

Current through 2024-29, July 17, 2024
A. Shellstock must
				be handled in a manner as to be protected from contamination. Examples of
				conditions creating a potential for contamination include, but are not limited
				to, shellstock transferred, held or transported with boat motors, engine oil,
				antifreeze, dead animals, dirty tarps, bilge water, polluted overboard water,
				closed area water, stagnant water, etc. Shellstock handled in a manner creating
				a potential for contamination shall be subject to immediate embargo and/or
				destruction as being of unsound or unknown quality, and therefore, unsafe for
				human consumption.
B. Containers
				used for storing shellstock must be fabricated from safe materials, cleaned and
				maintained in a manner and frequency as necessary to protect shellstock from
				contamination.
C. Shellstock held
				or washed in closed area water shall be subject to immediate embargo and/or
				destruction as being of unsound or unknown quality, and therefore, unsafe for
				human consumption.
D. Once landed,
				shellstock held or washed in water containing any other macro marine
				organism(s), such as lobsters, finfish, invertebrates, etc., shall be subject
				to immediate embargo and/or destruction as being of unsound or unknown quality,
				and therefore, unsafe for human consumption.
E. Shellstock placed in containers of
				stagnant water shall be subject to immediate embargo and/or destruction as
				being of unsound or unknown quality, and therefore, unsafe for human
				consumption.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 9 - HARVESTER: SHELLSTOCK HARVESTING, HANDLING AND SANITATION › Section 188-9-04 - Shellfish Harvester Vessels

Current through 2024-29, July 17, 2024
A.
Vessels
1. All harvester vessel
				operators must ensure that any vessel used to harvest, handle, transfer and/or
				transport shellstock is properly constructed, operated and maintained to
				prevent contamination, deterioration and decomposition of the
				shellstock.
2. Vessels and all
				other equipment coming into contact with shellstock during harvest, handling,
				transfer and/or transport of the shellstock must be constructed in a manner and
				with materials that can be cleaned and maintained, repaired and/or
				replaced.
3. Decks or the floor of
				an open vessel upon which shellstock are placed, and any containers in which
				the shellstock are placed, shall be constructed and or located as to prevent
				bilge water or polluted overboard water from coming into contact with the
				shellstock.
4. Bilge pump
				discharges must be located so that the discharge does not contaminate
				shellstock.
5. Boat decks and
				containers used in the harvest, handling, transfer and/or transport of
				shellstock must be:
(a) Kept clean with water
				from a growing area in the approved classification or in the open status of the
				conditionally approved classification; and
(b) Provided with effective
				drainage.
6. When
				necessary, effective coverings shall be provided on harvest boats to protect
				shellstock from contamination including but not limited to exposure to sun,
				birds or other adverse conditions.
7. Cats, dogs and other animals must not be
				allowed on the vessel except for patrol dogs when accompanying security or
				police officers.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 9 - HARVESTER: SHELLSTOCK HARVESTING, HANDLING AND SANITATION › Section 188-9-05 - Conveyances Used to Transport Shellstock

Current through 2024-29, July 17, 2024
A. All
				conveyances used to transport shellstock to the original dealer must be
				properly constructed, operated and maintained to prevent contamination,
				deterioration and decomposition of the shellstock.
Conveyances and all other equipment coming into contact with
				  shellstock during transport must be constructed in a manner and with materials
				  that can be cleaned and maintained, repaired and/or replaced.
B. Containers on conveyances used in the
				transport of shellstock must:
1. Be kept
				clean;
2. Provide effective
				drainage; and
3. When necessary, be
				covered to provide protection from contamination.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 9 - HARVESTER: SHELLSTOCK HARVESTING, HANDLING AND SANITATION › Section 188-9-06 - Shellstock Tagging and Labeling

Current through 2024-29, July 17, 2024
A. Each harvester
				licensed by the Department must, prior to landing, securely affix a tag to each
				container he/she has harvested. If the harvest has occurred at more than one
				harvest location each container must be tagged at the harvest location and must
				contain all information necessary to trace the shellfish back to the specific
				harvest area. Tags must be approved by the Department prior to use and be at
				least 2 5/8 inches x 5 ¼ inches (6.7 x 13.3 cm) in size and be
				waterproof and durable.
B. The
				harvester's tag must contain legible and indelible printed information arranged
				in the following order:
1. The title:
				"Harvester Tag" must be printed on the top of the harvester tag;
2. Harvester's name i.e., the first and last
				name of the person who harvested the shellstock;
3. Harvester's State Commercial Fishing
				license number;
4. Date of
				harvest;
5. Time of harvest, for
				the purpose of determining the time and temperature requirements in Chapter
				9.08. For a harvester or vessel, the time would be when the first shellstock
				harvested is no longer submerged
6.
				The most precise identification of the harvest location, aquaculture lease site
				or LPA site as is practicable, including the initials of the state (Maine -
				ME), and the Department's designator of the growing area by indexing,
				administrative or geographic designation. If the Department has not indexed
				growing areas, then an appropriate geographical or administrative designation
				must be used; e.g. flat or cove, river or bay, town, state. For example:
				White's Cove, Nonesuch River, Shellfishville, ME;
(a) Off shore vessels harvesting mahogany
				quahogs must provide identification as to the bay (if appropriate) and/or
				harvesting zones described by the Department.
7. Type and quantity of shellfish;
8. The following statement, which must appear
				in bold capitalized type and must be adhered to at all times:
"THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY
				  OR IS RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS"; and
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 9 - HARVESTER: SHELLSTOCK HARVESTING, HANDLING AND SANITATION › Section 188-9-07 - Shellfish Aquaculture

Current through 2024-29, July 17, 2024
This section applies to persons who are issued an aquaculture
				  lease pursuant to
				  12 M.R.S.A.
				  §6072 or §
									6072-A,
				  a limited-purpose aquaculture (LPA) license pursuant to
				  12 M.R.S.A.
				  §6072-C and to persons permitted
				  pursuant to Chapter 24.05.
The following graph summarizes the licensing, certification,
				  record keeping and tagging requirements applicable to persons engaged in
				  shellfish aquaculture in territorial waters.
A.
Aquaculture permitting and licensing
				requirements
Activities
Additional license required
Certification
(Chapters
15 & 16)
Record Keeping
Tagging
Nursery
None
No1
Yes2
None
Personal Use
Recreational Use
No sale/barter/trade
None
No
Yes3
None
Product raised for human consumption
No processing
Sold to consumer from residence or to a Maine
							 certified dealer
Harvester4
No
Yes5
Harvester6
Product raised for human consumption
Process, sell or ship to other than Maine certified
							 dealers, or in
Inter- and Intra State Commerce
Wholesale
Seafood7
Yes8
Yes9
Dealer10
1 National Shellfish Sanitation
				  Program, Model Ordinance (as of 04-18-03 throughout) (referred to as "Model
				  Ordinance") Chapter VI (A-C)
2 Model Ordinance Chapter
				  VI.02(J), DMR Chapter 9.07(D) and Chapter 2.90(E)
3  DMR Chapter 9.07(D) and Chapter
				  2.90(E)
4 
										12 MRSA
				  §6601(2), Model
				  Ordinance Chapter VI.02(B)(2)
5  DMR Chapter 9.07(D)
6  DMR Chapter 9.06
7 
										12
				  MRSA §6851 and §
										6856
8 
										12
				  MRSA §6851, §
										6856
				  and Model Ordinance
9  DMR Chapter 15.24
10 DMR Chapter 15.18-20, Model
				  Ordinance Chapter VI.02(B)(3)
1. In
				accordance with NSSP Model Ordinance Chapter VI.01 Shellfish Aquaculture, a
				land based aquaculture facility operator/owner is exempt from being a dealer
				when nursery shellstock are 6 months or more growing time from market
				size.
2. Any person who holds an
				aquaculture lease or LPA and any person who has been issued a permit pursuant
				to Chapter 24.05, who purchases, possesses, processes, sells, ships, shucks or
				transports shellfish in any form, other than to a certified dealer or in intra-
				and interstate commerce, and other than for nursery stock, personal or
				recreational use, or shellstock sold to consumers from a harvester's residence
				pursuant to
				12 M.R.S.A.
				§6601, must hold a shellfish sanitation
				certificate
				12
				M.R.S.A. §6856.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 9 - HARVESTER: SHELLSTOCK HARVESTING, HANDLING AND SANITATION › Section 188-9-08 - Shellstock Time to Temperature Controls

Current through 2024-29, July 17, 2024
Harvested shellstock shall be delivered within 18 hours from
				  the time of harvest (Chapter 9.06(B)(5)) on the shellstock tag to temperature
				  control, i.e. a certified dealer or direct market/consumer within the State of
				  Maine from May 1st to September
				  30th and within 24 hours from October
				  1st to April 30th. Time
				  and temperature control requirements must be set in accordance with the NSSP
				  Model Ordinance, Chapter VIII Control of Shellfish Harvesting and DMR Chapter
				  15.02(A)(91).
A. The time to
				temperature requirements for the harvesting of all shellstock to ensure that
				harvesters shall comply with Level 3 from the NSSP Model Ordinance which is an
				Average Monthly Maximum Air Temperature of >60 °F - 80 °F (15 °C
				- 27 °C) and a Maximum Hours from Exposure to Temperature Control of 18
				hoursfrom May 1st to September
				30th and with Level 2 from the NSSP Model Ordinance
				which is an Average Monthly Maximum Air Temperature of 50°F - 60 °F
				(10°C - 15 °C) and a Maximum Hours from Exposure to Temperature Control
				of 24 hours from October 1st to April
				30th.
B.
				The water or air temperature to be applied to the requirement above for each
				growing area shall be established by averaging the previous five (5) years
				maximum monthly water or air temperatures.
C. All harvesters shall provide trip records
				to the initial dealer demonstrating compliance with the time to temperature
				requirements. The harvest tag may be used to meet this requirement.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 9 - HARVESTER: SHELLSTOCK HARVESTING, HANDLING AND SANITATION › Section 188-9-09 - Non-compliance

Current through 2024-29, July 17, 2024
If the Commissioner determines that an applicant for renewal
				  of a shellfish license is not currently in compliance with shellfish sanitation
				  regulations, failed to report, or has failed to comply with shellfish
				  sanitation regulations during the previous license period, the Commissioner
				  may, in addition to any remedy available, including but not limited to
				  suspension or revocation of the license in accordance with the procedures
				  established under the marine resources' laws, refuse renewal of the license in
				  accordance with the following procedures:
A. The Commissioner shall advise the
				applicant for renewal by certified mail, return receipt requested, of the
				refusal and the grounds for this refusal.
B. The Commissioner shall advise the
				applicant for renewal that the applicant has a right to request that an
				adjudicatory hearing be held before the Department in conformity with 5
				M.R.S.A., Chapter 375 subchapter IV. The Commissioner shall advise the
				applicant that the hearing must be requested in writing and that the written
				request must be received by the Department no later than 10 days of receipt by
				the applicant of the notice, by certified mail, of refusal to renew the
				shellfish certificate.
C. If an
				adjudicatory hearing is requested, the Commissioner shall schedule a hearing
				within 10 days of the Department's receipt of the written request for hearing,
				unless a longer period is mutually agreed to in writing.
D. Notice of the hearing date, time and
				location shall be given immediately to the applicant.
Ref.
9.06(F): Example Harvester Tags
The superscripts refer to the required information subsection
				  numbers in Chapter 9.06(B) and are not required on the tag. Note: both sides of
				  a harvester tag may be used.
HARVESTER
							 TAG1
NAME2:­­_____________________________DMR
							 LICENSE#3:____________
HARVEST
							 DATE4:­_______________________TIME5:_____________________
HARVEST
							 AREA6:_________________________________________________
SHELLFISH
							 TYPE7:___________________ &
							 QUANTITY7:______________
THIS TAG IS REQUIRED TO BE ATTACHED UNTIL
							 CONTAINER IS EMPTY OR IS RETAGGED AND THEREAFTER KEPT ON FILE FOR 90
							 DAYS8
HARVESTER
							 TAG1
NAME2:­­___________________
­­­______
DMR
							 LICENSE#3:___________________
HARVEST
							 DATE4:___________________
TIME5:_____________________________
HARVEST
							 AREA6:___________________
SHELLFISH
							 TYPE7:__________________
&
							 QUANTITY7:______________________
THIS TAG IS REQUIRED TO BE ATTACHED UNTIL
							 CONTAINER IS EMPTY OR IS RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS 
							 8
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 10 - CLAMS AND QUAHOGS › Section 188-10-01 - Prohibitions on Dredging for Quahogs

Current through 2024-29, July 17, 2024
It is unlawful to dredge or to take quahogs by any means,
				  except the usual manner of hand digging with a so-called clam hoe, or by hand
				  raking and hand tonging, or by picking quahogs out of the mud by hand from the
				  following locations. This prohibition shall not apply to equipment operated by
				  the Department of Marine Resources.
A.
Maquoit Bay
. The waters or flats of Maquoit Bay, Cumberland
				County, namely, all of the territory north and northeast of a line drawn from
				the most southerly end of Mere Point in the Town of Brunswick to the
				northeasterly end of Little Flying Point in the town of Freeport.
B.
Middle Bay
. The waters or
				flats of Middle Bay, Cumberland County, namely all of the territory north and
				northeasterly of a line drawn from a red marker, on the eastern shore of Mere
				Point and located at Blackstone Rock on the south shore of Win Smith Cove,
				so-called, then in an easterly direction to and including the northern shore of
				Birch Island and continuing in the same general direction to a red painted wood
				post placed on the northern point of Wilson Cove, so- called, located in the
				western shore of Harpswell Neck.
C.
New Meadows River
. The waters or flats of the subtidal area of the
				New Meadows River east of Rt. 24 and north of a line drawn from the
				northwestern tip of Indian Point, southeasterly to the northern tip of Bragdon
				Island, continuing east to Bragdon Rock, and then continuing in a northeasterly
				direction to the point of land at the end of Close Reach Rd., West Bath,
				43051'21"/069052'1".
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 10 - CLAMS AND QUAHOGS › Section 188-10-03 - Method of Taking Surf, Hen Clams or Quahogs

Current through 2024-29, July 17, 2024
It shall be unlawful to fish for or take any surf, hen clams
				  or quahogs by any method of dredging or dragging with any combination of dredge
				  or drag with any cutter bar that exceeds 36" in overall width except that in
				  the area between the Spurwink River in Scarborough and Fletcher's Neck in
				  Biddeford Pool, the cutter bar shall not exceed 24" in overall
				  width.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 10 - CLAMS AND QUAHOGS › Section 188-10-04 - Quahog Size Restrictions

Current through 2024-29, July 17, 2024
A.
Definitions
1.
Quahog
Quahog means
Mercenaria mercenaria
,
				  commonly referred to as hard shelled clams.
2.
Hinge Width
Hinge width means the thickness of a quahog as measured
				  between the convex apex of the right shell and the convex apex of the left
				  shell.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 10 - CLAMS AND QUAHOGS › Section 188-10-05 - Taking of Quahogs in the Sub-tidal Waters of the New Meadows Lakes, Brunswick and West Bath

Current through 2024-29, July 17, 2024
The following limitations apply to the subtidal area of the
				  New Meadows Lakes north of Bath/State Rd. in Brunswick and West Bath.
A.
Methods of Harvest Prohibited
It shall be unlawful to fish for or take quahogs by towing
				  any dredge, drag or other implement by watercraft; by diver/diving (SCUBA or
				  snorkel*); or by pump, suction or any type of mechanical suction device. Hand
				  digging with a so-called clam hoe or bull rake, hand-raking, hand tonging, or
				  picking quahogs out of the mud by hand are allowed. Harvest by cutting through
				  or breaking the ice is prohibited; harvest may take place only through open
				  water.
*Any artificial breathing device that allows a person to
				  breathe underwater.
This subsection does not apply to the holder of a lease
				  issued under
				  12 M.R.S.
				  §§6072,
				  6072-A
				  or
				  6072-B
				  when fishing for or taking quahogs cultivated on the leased area within the
				  waters of the New Meadows Lakes, nor does it apply to the holder of a Municipal
				  shellfish aquaculture permit issued under § 6673.
B.
Night Prohibition
It shall be unlawful to fish for or take quahogs during the
				  period ½ hour after sunset, as defined in
				  12 M.R.S.
				  §6001(46), until
				  ½ hour before sunrise, as defined in
				  12 M.R.S.
				  §6001(45).
C.
Closed Periods
It is unlawful to fish for or take quahogs from the New
				  Meadows Lakes:
Winter
. During the period ½ hour after
				  sunset, as defined in
				  12 M.R.S.
				  §6001(46), on December
				  31st until ½ hour before sunrise, as defined
				  in
				  12 M.R.S.
				  §6001(45), on April
				  1st.
Sundays
: During the period ½ hour after
				  sunset, as defined in
				  12 M.R.S.
				  §6001(46), on Saturday
				  until ½ hour before sunrise, as defined in
				  12 M.R.S.
				  §6001(45), on
				  Monday.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 10 - CLAMS AND QUAHOGS › Section 188-10-06 - Taking of Razor Clams

Current through 2024-29, July 17, 2024
A.
Definitions
Razor Clam means
Ensis directus
, commonly
				  known as the Atlantic Jackknife.
B.
Size Restrictions
It shall be unlawful to take, possess, ship, transport, buy
				  or sell razor clams that are less than 4 inches.
C.
Methods of Harvest Prohibited
It shall be unlawful to fish for or take razor clams by using
				  electrical fields emitted by any kind of device including electrodes.
SEE Conservation Area Regulations, c. 90, infra.
SEE Polluted and Contaminated Areas, cs. 95, 96,
				  infra.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 11 - SCALLOPS › Section 188-11-03 - Atlantic Sea Scallops Harvesting Season

Current through 2024-29, July 17, 2024
A person may not fish for or take scallops by dragging in
				  Maine's territorial waters from April 16th to November 30th, both days
				  inclusive. A person may not fish for or take scallops except on an open day
				  established in 11.11.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 11 - SCALLOPS › Section 188-11-04 - Configuration of Scallop Drag

Current through 2024-29, July 17, 2024
1. Minimum mesh
				size.
A. Twine top restrictions.
The mesh size of net material on the top of a scallop dredge
				  in use by or in possession of vessels in the Atlantic sea scallop fishery shall
				  not be smaller than 5.5 inches (13.97 cm).
(1) For vessels rigged with a dredge or
				dredges, and each individual dredge is greater than 8 ft (2.44 m) in width,
				there must be at least seven rows of non-overlapping steel rings unobstructed
				by netting or any other material, between the terminus of the dredge (club
				stick) and the net material on the top of the dredge (twine top).
(2) For vessels rigged with a dredge or
				dredges, and each individual dredge is greater than 3.5 ft (1.07 m) and less
				than or equal to 8 ft (2.44 m) in width, there must be at least four rows of
				non-overlapping steel rings unobstructed by netting or any other material,
				between the club stick and the twine top of the dredge.
(3) For vessels rigged with a dredge or
				dredges, and each individual dredge is 3.5 feet (1.07 m) or less in width,
				there must be at least one row of non-overlapping steel rings unobstructed by
				netting or any other material, between the club stick and the twine top around
				the circumference of the top of the dredge. The twine top must be hung on no
				more than two diamond meshes per ring on the top and bottom and a single
				diamond mesh per ring on the sides. Alternative designs may be approved by
				permit from the Commissioner.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 11 - SCALLOPS › Section 188-11-05 - Scallop Harvesting Gear Restrictions

Current through 2024-29, July 17, 2024
1. State
				Waters Drag Size Restriction
It shall be unlawful to possess on any vessel fishing for
				  scallops, or to fish for or take scallops, in Maine's territorial
				  waters:
Any scallop drag or combination of scallop drags that exceed
				  10 feet 6 inches in width (by measuring from the extreme outside of the mouth
				  of the drag or drags).
2.
				Dragging for Scallops Damariscotta River, Lincoln County
It shall be unlawful to fish for or take scallops in the
				  Damariscotta River with any scallop drag (chain sweep or rock drag) north of a
				  line drawn from Emerson Point, at the southern most tip of Ocean Point in the
				  town of Boothbay, easterly to Thrumcap Island, then northerly to the southern
				  tip of Rutherford Island, South Bristol from April 16 to ½ hour after
				  sunset December 31 of each year.
3. Scalloping in the Frenchboro Cable Area -
				Hand Scallop Fishing Allowed
A. It shall be
				lawful to take scallops by hand, unless prohibited by other statute or
				regulation in the Frenchboro Cable Area described in 12 M.R.S. §
										6954- A(1) (hereafter "Frenchboro
				Cable Area").
B. It shall be
				unlawful to operate any watercraft when towing a drag or trawl while taking
				scallops by hand in the Frenchboro Cable Area.
C. It shall be unlawful to use a watercraft
				rigged for dragging while taking or attempting to take scallops by hand in the
				Frenchboro Cable Area.
D. It shall
				be unlawful to possess scallops aboard a watercraft rigged for dragging while
				taking or attempting to take scallops by hand in the Frenchboro Cable
				Area.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 11 - SCALLOPS › Section 188-11-06 - Municipal Mooring Field Closures

Current through 2024-29, July 17, 2024
It shall be unlawful to fish for, take, or possess scallops
				  taken by dragging within any of the following closed areas. All directions are
				  relative to True North (not magnetic).
Transiting exception:
A vessel may not transit within the following closed areas
				  with any part of a drag, including the cable, in the water.
1. Inner Blue Hill Harbor
West of a line drawn from the most western point of Sculpin
				  Point, Blue Hill to the closest point of land on Parker Point, Blue Hill
				  Neck.
2. Bartlett Landing
East of a line starting at the town pier 44 20.576 N 068
				  25.042 W, running south to the northern tip of west point 44 20.274 N 068
				  25.264 W.
3. Seal Harbor
North of a line starting at the southern end of Crownshield
				  Pt 44 17.286 N 068 14.620 W running in an easterly direction to 44 17.416 N 068
				  14.180 W.
4. Northeast
				Harbor
North of a line starting at a private pier on the western
				  side of the Harbor 44 17.244 N 068 16.787 W running in a north easterly
				  direction to the southern tip of land on the eastside of the harbor 44 17.432 N
				  068 16.583 W.
5. Somes Sound
				Harbor
North of a line starting at the northern tip of Mason Point
				  44 21.491 N 068 19.626 W then running in a southeasterly direction to the
				  southern tip of Squantum Point 44 21.425 N 068 19.311 W.
6. Western Blue Hill Bay (Blue Hill)
Inside and westerly of a line beginning at the easternmost
				  point of High Head, Blue Hill, then running northeast to the most eastern tip
				  of Sand Point, Blue Hill.
7.
				Pennamaquan River
Inside and up river of a line drawn from the Eastern tip of
				  Kelly Point, Pembroke and running in a Northeast direction to GC "11" and then
				  continuing in a direction of true North to Hersey Neck.
8. Sullivan Harbor
Inside and north of a line starting at Edgewater Point,
				  Sullivan, 44 31.214 N 068 12.692 W, continuing in an easterly direction for
				  approximately .6 nm to an unnamed point, 44 31.023 N 068 11.902 W,
				  Sullivan.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 11 - SCALLOPS › Section 188-11-07 - Atlantic Sea Scallop Limitations

Current through 2024-29, July 17, 2024
1. Atlantic Sea
				Scallops, Minimum Size
In Maine Territorial Waters, it shall be unlawful to possess
				  Atlantic sea scallops whose shells are less than 4 inches in the longest
				  diameter, effective on December 1, 2004 and thereafter in accordance with 12
				  M.R.S. §
										6721(1)(A) &
				  (B).
2. Atlantic Sea Scallops, Night Harvesting
				Prohibition
Effective November 1, 1986, it shall be unlawful to fish for
				  or take scallops during the nighttime hours between sunset (as defined in 12
				  M.R.S. §
										6001(46)) until
				  ½ hour before sunrise (as defined in 12 M.R.S. §
										6001(45)) within
				  Maine's territorial waters.
3. Atlantic Sea Scallops, Culling Required
Scallops less than the minimum legal size must be immediately
				  liberated. It is prima facie evidence of possession of illegal scallops if a
				  vessel contains scallops smaller than the minimum size while a scallop license
				  holder or crewmember is shucking scallops.
4. Atlantic Sea Scallops, Shellstock Ratio to
				Meat Conversion, Possession Limit, Daily Limit
A. Shellstock Ratio to Meat Conversion
For the purposes of this regulation, one and a half bushels
				  of shellstock shall be equal to one gallon of scallop meat.
B. Daily Harvest and Possession Limits.
(1) Daily Harvest and Possession Limit for
				Individuals Issued a License under §
											6702 or
				6302-A for scallop dragging
It is unlawful to fish for, take or possess more than 15
				  gallons of scallop meat or any aggregate of meat and shellstock, which is
				  greater than the equivalent of 15 gallons of meat per day per vessel.
(2) Daily Harvest and Possession
				Limit for Individuals Issued a License under §
											6701 or
				6302-A for scallop diving
It is unlawful for an individual licensed under §
												6701 or
				  6302-A for scallop diving to fish
				  for, take or possess more than 15 gallons of scallop meat or any aggregate of
				  meat and shellstock, which is greater than the equivalent of 15 gallons of meat
				  per day.
C. Daily
				Limit Restrictions.
It is unlawful to unload any portion of a day's catch and
				  return to fishing in Maine's territorial waters. It is unlawful to transfer to
				  or receive from another vessel any scallop shellstock or scallop meats.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 11 - SCALLOPS › Section 188-11-10 - Cobscook Bay Limits and Restrictions

Current through 2024-29, July 17, 2024
1. Cobscook
				Bay.
A. Shellstock ratio to meat count.
For the purposes of 12 M.R.S. §
											6728, one and a half bushels of
				  shellstock shall be equal to one gallon of scallop meat.
B. Daily harvest and possession limits.
(1) Daily Harvest and Possession Limit for
				Individuals Issued a License under §
											6702 or
				6302-A for scallop dragging
Except as allowed pursuant to Chapter 11.19(2), it is
				  unlawful to fish for, take or possess more than 10 gallons of scallop meat or
				  any aggregate of meat and shellstock, which is greater than the equivalent of
				  10 gallons of meat per day per vessel.
(2) Daily Harvest and Possession Limit for
				Individuals Issued a License under §
											6701 or
				6302-A for scallop diving
It is unlawful for an individual licensed under §
												6701 or
				  6302-A for scallop diving to fish
				  for, take or possess more than 10 gallons of scallop meat or any aggregate of
				  meat and shellstock, which is greater than the equivalent of 10 gallons of meat
				  per day.
C. Daily
				limit.
Any vessel which has taken scallops within the restricted
				  area of Cobscook Bay, as defined by 12 M.R.S. §
											6728(1), may not
				  land scallops and return to fishing for scallops within that restricted area on
				  the same day. It is unlawful to transfer to or receive from another vessel any
				  scallop shellstock or scallop meats.
D. Harvester Meat Count
Except as allowed pursuant to Chapter 11.19(2), no vessel or
				  person may take, possess or transfer shucked scallops which measure more than
				  35 meats per 16 oz. certified measure from or within the Cobscook Bay
				  Restricted Area, as defined by 12 M.R.S. §
											6728 (1). The meat
				  count shall be measured by selecting small scallop meats from the harvester's
				  catch.
E. Limited Access
				Areas: See Chapter 11.09 (4)
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 11 - SCALLOPS › Section 188-11-11 - Open and Closed Scallop Fishing Days

Current through 2024-29, July 17, 2024
1. Zone 1
				season for draggers
The Atlantic Sea Scallop harvesting season in Maine's
				  territorial waters for draggers in Zone 1 is open December 11, 2023 through
				  March 21, 2024, both days inclusive, with the following exceptions:
A. In December 2023 fishing is prohibited on
				Fridays, Saturdays and Sundays, and also Monday, December 25, 2023, with the
				exception of Friday, December 29, 2023 which will remain open.
B. In January, February, and March 2024,
				fishing is prohibited on Fridays, Saturdays and Sundays.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 11 - SCALLOPS › Section 188-11-13 - Trigger Mechanism

Current through 2024-29, July 17, 2024
The Commissioner may close any portion of Maine's territorial
				  waters to harvesting through emergency rulemaking if the Department has
				  information that indicates there is a likelihood that between 30 percent and 40
				  percent of the harvestable biomass has been removed. Such closures are
				  established for conservation purposes, to protect the resource from unusual
				  damage or imminent depletion.