Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 26 - SEA URCHINS › Section 188-26-50 - Urchin Electronic Reporting

Current through 2024-29, July 17, 2024
For the purpose of this section, "DMR-issued reporting
				  device" means a transaction card or other Department developed and approved
				  technology provided for the purpose of recording urchin transactions.
1. Eligibility. In order to be eligible for a
				DMR-issued device for the electronic reporting of urchin landings, an
				individual must be licensed according to
				12 M.R.S.
				§6748,
				6748-A,
				6748-D, or
				6302-A subsection
				3 paragraph B. Valid reporting
				devices may only be issued by the Department of Marine Resources.
2. Harvester Use. It is unlawful for an
				individual licensed under
				12 M.R.S.
				§6748,
				6748-A,
				6748-D, or
				6302-A subsection
				3 paragraph B to sell or transfer
				urchins the license holder has taken, unless the harvester presents a
				DMR-issued reporting device and records each transaction. DMR-issued reporting
				devices may only be used to sell urchins which were harvested by the individual
				identified on the reporting device. A law enforcement officer may seize or
				deactivate the reporting device of an individual who has used their reporting
				device to sell urchins they did not harvest. The act of utilizing your
				reporting on any given day will be considered as one fishing day, between the
				hours of 12:00 am -11:59 pm.
3.
				Dealer Use. It is unlawful for a person licensed under
				12 M.R.S.
				§6851 subsection
				2-B, subsection
				2-C, or §
									6852 to purchase or transfer
				urchins from an individual licensed under
				12 M.R.S.
				§§6748,
				6748-A,
				6748-D, or
				6302-A subsection
				3 paragraph B, without recording
				the transaction using the electronic recording device specified by the
				Department for that purpose. DMR provided reporting software must be
				synchronized for updates to the reporting system prior to the purchase of
				urchins on each fishing day. A person licensed under
				12 M.R.S.
				§6851 subsection
				2-B or subsection
				2-C may not purchase urchins from
				a harvester that does not present a DMR-issued reporting device. In the event
				of any failure of the reporting software or equipment, the Commissioner may
				authorize the use of paper reports until such time as the system is
				operational.
4. Records required. A
				person licensed in accordance with
				12 M.R.S.
				§6851 subsection
				2-B or subsection
				2-C shall maintain documentation
				to account for all urchins in their possession. Any urchins legally obtained
				from other jurisdictions must have sufficient documentation to demonstrate
				their origin. Failure to provide proper documentation will be prima facie
				evidence that the urchins are illegal and are subject to seizure.
5. The Department will deactivate the
				reporting device of any individual who has met or exceeded their sea urchin
				harvest days. The onus is on the license holder to track days fished;
				harvesting beyond the number of allocated season days is considered fishing out
				of season and is prohibited.
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