reglab/statecodes huggingface dataset:
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 70 - CABLE AREA PROHIBITIONS › Section 188-70-10 - Washington County, Cable Area Dragging and Trawling Prohibition

Current through 2024-29, July 17, 2024
It shall be unlawful to operate any watercraft when towing a
				  drag or trawl within the following area: Starting from the most Northern point
				  on Squires Point, Roque Island, Jonesport; thence westerly 310 degrees mag. to
				  the Eastern shore of Jonesport (Northern Line). From 550 yards + Southerly from
				  the Northern point on Squires Point, Roque Island, Jonesport; thence Westerly
				  310 degrees mag. to the Eastern shore of Jonesport (Southern Line).
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 75 - PROTECTED RESOURCES › Section 188-75-02 - Trap/Pot Fisheries Gear Restrictions

Current through 2024-29, July 17, 2024
A. The
				following trap/pot fishing gear restrictions shall apply:
1.
Universal requirements in coastal
				waters
All persons who fish lobster gear and trap/pot fisheries
				  (including but not limited to all crab species, hagfish, finfish, whelk, and
				  shrimp) within Maine's coastal waters shall comply with the following federal
				  universal requirements for the ALWTRP:
(a) No floating line at the surface;
				and
(b) No wet storage of gear over
				30 days.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 75 - PROTECTED RESOURCES › Section 188-75-03 - Gillnet Gear Restrictions

Current through 2024-29, July 17, 2024
A. The following
				gillnet gear restrictions shall apply:
1.
Sliver Area and Federal waters
All persons who fish gillnet gear in the Maine Sliver Area,
				  shall comply with the following requirements for the ALWTRP:
(a) No floating line at the
				surface.
(b) No wet storage of gear
				over 30 days.
(c) Buoy lines must
				be marked with a green, 4-inch mark midway on the buoy line.
(d) The license-holder's name, homeport, and
				license number must be clearly displayed on every gillnet marking buoy for
				Commercial Fishing, Commercial Pelagic and Anadromous and Menhaden license
				holders.
(e) All buoys, floatation
				and/or weighted devices must be attached to the buoy line with a weak link
				having a maximum breaking strength no greater than 1,100 pounds (498.95
				kg).
(f) All gillnets, regardless
				of the number of net panels, must be anchored with the holding power of not
				less a 22-lb Danforth-style anchor at each end of the net string (must be
				burying anchor; no dead weights).
(g) Each net panel must be configured with
				five or more weak links, depending on the panel length, with a breaking
				strength no greater than 1,100 pounds (498.95 kg). The weak link placement must
				meet on of two configurations:
(1)
Configuration 1
For all variations in panel size:
One weak link must be placed in the center of each of the up
				  and down lines at both ends of the net panel; and One weak link must be placed
				  as close as possible to each end of the net panels on the floatline.
For net panels 50 fathoms or less in length: One weak link
				  must be placed in the center of the floatline.
For net panels greater than 50 fathoms: One weak link must be
				  placed at least every 25 fathoms alone the floatline.
(2)
Configuration 2
For all variations in panel size:
One weak link must be placed in the center of each of the up
				  and down lines at both ends of the net panel; and
One weak link must be placed between floatline tie-loops
				  between net panels; and
One weak link must be placed where the floating tie-loops
				  attach to the bridle, buoy line, or groundline at each end of the net
				  string.
For net panels 50 fathoms or less in length: One weak link
				  must be placed in the center of the floatline.
For net panels greater than 50 fathoms: One weak link must be
				  placed at least every 25 fathoms alone the floatline.
(3)
Exceptions
: Individual weak
				links are not required in locations where rope of appropriate breaking strength
				is used. Additionally, if no up and down line is present then weak links are
				not required at that location.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 80 - COMMERCIAL PELAGIC AND ANADROMOUS FISHING LICENSE › Section 188-80-01 - Definitions

Current through 2024-29, July 17, 2024
A. "Direct Supervision" means to be present
				and on site when the licensed activity is taking place and within close contact
				whereby the license holder is able to observe and interact with a declared crew
				member (maintained on a list in accordance with Chapter 80.02(B)) verbally
				without the use of electronics.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 80 - COMMERCIAL PELAGIC AND ANADROMOUS FISHING LICENSE › Section 188-80-02 - Licensed activities - crew

Current through 2024-29, July 17, 2024
A. A Commercial
				Pelagic and Anadromous Fishing License with crew, issued pursuant to
				12
				M.R.S. §6502-A, authorizes unlicensed
				crew members to engage in all commercial pelagic and anadromous fishing
				activities pursuant to that license when aboard the licensee's boat.
B. A Commercial Pelagic and Anadromous
				Fishing License with crew also authorizes up to five (5) unlicensed crew
				members to be declared when acting under the direct supervision of the license
				holder when no vessel is utilized for the fishing activity, such as in the
				alewife fishery. The holder of this license with crew must keep a written
				record of the names of all declared crew members on his/her person during each
				day's fishing activities, i.e. listed crew members. This written list must be
				available for inspection by Department personnel at all times. This list may be
				changed daily, but may never include more than five (5) crew members.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 85 - SALTWATER FISHING REGISTRY › Section 188-85-01 - 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) "Contact
				Information" for the Department of Marine Resources, unless otherwise noted,
				means the Department of Marine Resources (DMR), Recreational Fisheries
				Coordinator, PO Box 8, West Boothbay Harbor, ME 04575-0008; telephone (207)
				633-9500; fax: (207) 633-9579.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 85 - SALTWATER FISHING REGISTRY › Section 188-85-02 - Possession of Saltwater Recreational Fishing Registration

Current through 2024-29, July 17, 2024
Any individual engaged in recreational saltwater fishing in
				  the coastal waters of the state of Maine must possess a current, valid
				  saltwater fishing registration and present it upon request to a Marine Patrol
				  Officer or any other authorized personnel. Individuals who are exempted from
				  the recreational saltwater fishing registration requirement as set forth in
				  12 M.R.S.
				  §6312(3) must provide
				  proof that they meet one of the exemptions.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 85 - SALTWATER FISHING REGISTRY › Section 188-85-05 - Reporting

Current through 2024-29, July 17, 2024
A. In accordance with
				12 M.R.S.
				§6312(5) a person who
				holds a recreational fishing operator's license and owns a private dock, pier
				or wharf and makes that wharf available to customers for recreational fishing
				as part of a commercial enterprise shall report the name, address, date of
				birth and telephone number of those persons fishing from their private dock,
				pier or wharf.
All data and reports shall be submitted to the Department by
				  the 10th day of the following month; for example,
				  reports for the month of June must be submitted in time for the report to
				  arrive at the Department by July 10th, unless
				  otherwise noted. All data sent to DMR must be legible, coherent and in
				  conformance with DMR specified standards on forms specified by the DMR.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 90 - CONSERVATION AREAS › Section 188-90-02 - Lincoln County

Current through 2024-29, July 17, 2024
1.
Boothbay
Conservation Area III
. Commencing on June 24,
				  1960, it shall be unlawful to dig or take in any manner any European oysters
				  from portions of Boothbay and tributary bays and the Sheepscot River and
				  tributary bays in the Towns of Boothbay, Boothbay Harbor, and Southport,
				  Lincoln County, designated and described as follows: All shores, flats and
				  waters inside of a line drawn from the southernmost point of Ocean Point,
				  Linekin Neck, southwesterly to the Coast Guard light station located on the
				  Cuckholds, thence northwesterly to lower Mark Island, thence northerly to Upper
				  Mark Island in the Sheepscot River, thence easterly to the mainland end of the
				  Hodgdon Island Bridge.
2.
Newcastle
Conservation Area I
. It shall be unlawful to
				  dig or take in any manner any oysters from all shores, flats and waters of that
				  portion of the Marsh River in the Town of Newcastle, Lincoln County, including
				  the outfall of Sherman Lake, southerly of the railroad bridges across the Marsh
				  River. Nothing herein shall prevent any person from removing seed oysters from
				  the waters of the area; provided the seed oysters are taken or collected in the
				  following manner: In or on bags, crates, strings of shell or other collecting
				  material. The bags, crates, strings of shell or other collecting material shall
				  at all times be attached to a raft, floating car or other floating devices
				  anchored in this area of the river for the purpose of collecting seed
				  oysters.
3.
Wiscasset
A.
Conservation
				Area I.
Conservation Area I. It shall be unlawful to dig or take in any
				manner any marine worms, clams, quahogs, mussels and oysters from all shores,
				flats and waters of a portion of Sheepscot River, Wiscasset, Lincoln County,
				bounded on the south by Route No. 1 Highway, on the east by the river channel,
				on the north by the stone pilings out to the river channel (approximately 192
				yards from the Route No. 1 Highway), and on the west by the Maine Central
				Railroad property.
B.
Conservation Area II
. (Repealed effective October 31,
				1999)
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 90 - CONSERVATION AREAS › Section 188-90-20 - Hancock County

Current through 2024-29, July 17, 2024
1.
Taunton
				Bay Management Area (Hancock, Sullivan, and Franklin)
A.
Description
All territorial waters north (inland) of Sullivan Falls also
				  known as Tidal Falls between the Towns of Hancock and Sullivan. The line will
				  be the shortest distance at mean high water between Falls Point, Sullivan and
				  Tidal Falls Conservancy Property, Hancock.
B.
Restrictions and Compliance
It shall be unlawful to take or possess by drag any marine
				  organism except mussels within the Taunton Bay Management Area (TBMA); except
				  that dragging may occur in this area on aquaculture leases issued pursuant to
				   12 M.R.S.A.
				  §6072, §
											6072-A,
				  or
				  6072-B,
				  or a limited-purpose aquaculture (LPA) license pursuant to
				   12 M.R.S.A.
				  §6072-C. Dragging for mussels within the
				  area shall be in accordance with Chapter 90.20(1)(B)(1) and (2) below:
(1)
Sensitive areas
The Department shall post on its website the location of all
				  sensitive areas in the TBMA vulnerable to dragging (including but not limited
				  to horseshoe crab over wintering areas, kelp beds, eelgrass beds, aquaculture
				  leases or LPA's, and intake or outflow pipes if known);
(2)
Eligibility
To be eligible to drag for mussels within the TBMA, any
				  harvester of mussels shall submit a drag plan to the Commissioner, in writing
				  10 business days in advance of harvest and must receive approval by the
				  Commissioner prior to harvesting.
(a)
				All dragging shall be prohibited in areas identified by Chapter 90.20(1)(B)(1)
				as sensitive areas vulnerable to dragging
(b) The drag plan shall indicate:
(i) location,
(ii) timing of harvest and
(iii) amount of mussels proposed to be
				harvested and
(c)
				Dragging is prohibited without an approved plan.
(3) Failure to follow the approved drag plan
				shall be a violation of this regulation.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 91 - SPAT COLLECTION › Section 188-91-01 - Spat Collection Limitations

Current through 2024-29, July 17, 2024
1.
Species
The holder of a spat collection license may fish for, take,
				  possess, or sell the spat of
Placopecten magellanicus
(sea
				  scallop). It is unlawful to sell, or to place onto a lease or license site, any
				  other species taken as by catch when fishing for scallop spat.
2.
Maximum Size
It is unlawful to possess or sell scallop spat whose shells
				  are more than 2 inches in the longest diameter.
3.
Gear
A. The holder of a spat collection license
				may deploy up to 15 vertical lines, with a maximum of 30 spat collection bags
				on each line. The holder of a spat collection license may not deploy lines
				horizontally.
B. Spat bags may be
				constructed using mesh no larger than 1 cm, with settlement components inside
				the bags such as fine meshed material that increase the surface area inside the
				bags.
C. Bags may be no larger than
				4 feet by 4 feet, when laid flat on a surface.
D. Each surface buoy must be marked with
				letters "SC", the license number, and the number of the vertical line (numbered
				consecutively, up to a maximum of 15).
E. The holder of a spat collection is exempt
				from any closures established in 11.08, 11.09, and 11.12 for the purpose of
				scallop spat collection.
F.
				Vertical lines must be rigged to conform to whale take reduction protocols
				specified in Chapter 75.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 94 - SANITARY CONTROL OF MOLLUSCAN SHELLFISH › Section 188-94-01 - Purpose and Scope

Current through 2024-29, July 17, 2024
The purpose of this chapter is to provide uniform sanitary
				  standards based upon the National Shellfish Sanitation Program Model Ordinance
				  titled "Guide for the Control of Molluscan Shellfish", which was developed
				  through a Memorandum of Understanding between the U.S. Food and Drug
				  Administration and the Interstate Shellfish Sanitation
				  Conference.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 94 - SANITARY CONTROL OF MOLLUSCAN SHELLFISH › Section 188-94-02 - Definitions

Current through 2024-29, July 17, 2024
In addition to definitions contained in the "Definitions"
				  section of the Model Ordinance, the following words and terms, when used in
				  this chapter, have the following meaning.
A.
Buying station
. A vehicle
				that is leased, owned or rented by the certified dealer and which is used to
				transport shellstock purchased at a location other than the dealer's permanent
				facility.
B.
Model
				Ordinance
. The document entitled "National Shellfish Sanitation Program
				Guide for the Control of Molluscan Shellfish", 2019 Revision, Sections I and
				II, published by the U.S. Food and Drug Administration.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 94 - SANITARY CONTROL OF MOLLUSCAN SHELLFISH › Section 188-94-03 - Adoption by Reference

Current through 2024-29, July 17, 2024
A.
Model
				Ordinance
.The Model Ordinance is hereby incorporated by reference and
				made part of this rule as if set out in full and all provisions thereof are
				adopted.The Model Ordinance is available from the Commissioner's Office at the
				Department of Marine Resources, 32 Blossom Lane, Augusta, Maine, and online at:
http://www.issc.org/nssp-guide
.
B.
Authority
.The Maine
				Department of Marine Resources (DMR) or those entities with which DMR has
				entered into a Memorandum of Understanding, is the Authority responsible for
				the implementation and enforcement of the Model Ordinance in Maine.
C.
Control
.Where there is
				inconsistency between Chapter 94 and the Model Ordinance, these rules control.
				Where these rules are silent, the Model Ordinance controls.
D.
Compliance
.Persons engaged in
				taking, buying, selling, possessing, processing, depuration, wet storage, and
				transportation of shellfish shall comply with the provisions of the Model
				Ordinance.
Exceptions
: These requirements do not apply to
				  persons who conduct activities limited to:
1. Personal use as defined by
				12 MRS
				§6001
2. Transporting shellfish as a common carrier
				as defined by
				12 MRS
				§6001
3. Buying, selling, transporting, shipping or
				serving shellstock or shucked shellfish purchased from a dealer in the retail
				trade
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 94 - SANITARY CONTROL OF MOLLUSCAN SHELLFISH › Section 188-94-04 - Shellstock Time to Temperature Controls

Current through 2024-29, July 17, 2024
Harvesters shall comply with the Model Ordinance requirements
				  for time to temperature controls. From May 1 to September
				  30th, harvesters must comply with Level 3
				  requirements. From October 1 to April 30, harvesters must comply with Level 2
				  requirements.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 94 - SANITARY CONTROL OF MOLLUSCAN SHELLFISH › Section 188-94-05 - Prohibited Acts - Harvesters

Current through 2024-29, July 17, 2024
A. It is unlawful
				for any person other than the certified dealer to be in possession of unused
				certified dealer tags.
B. It is
				unlawful to harvest, possess or sell shellstock from areas that are closed due
				to marine biotoxins pursuant to Chapter 96 and bacterial pollution pursuant to
				Chapter 95, and in those areas that may be closed by the Department.
Exception
:Harvest of shellstock from areas
				  closed due to bacterial pollution pursuant to Chapter 95 may be authorized
				  under the issuance of a depuration certificate.
C. It is unlawful to commingle shellstock,
				except as authorized by the Department in accordance with the Model
				Ordinance.
D. It is unlawful to
				conduct wet storage activities except that certified dealers may wet store in
				accordance with a permit issued by the Department.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 94 - SANITARY CONTROL OF MOLLUSCAN SHELLFISH › Section 188-94-06 - Prohibited Acts - Dealers

Current through 2024-29, July 17, 2024
A. It is unlawful
				for the holder of a shellfish certificate issued pursuant to 12 MRS 6856 to
				receive, buy, hold, wash, pack, tag or label shellstock in any location other
				than the permanent facility for which the holder's certificate has been issued.
Exception
.Certified dealers holding a buying a
				  station permit may purchase shellfish from licensed harvesters at locations
				  other than the permanent facility for which the holder's certification was
				  issued. The purchase of soft shelled clams at locations other than the
				  permanent facility for which the holder certification was issued requires a
				  buying station permit issued pursuant to § 6856 sub-§ 2-A(D).
B. It is unlawful to buy or
				possess shellfish obtained from any source other than shellstock harvested by a
				licensed harvester from an area classified by the Department as approved or
				conditionally approved in the open status; or a dealer holding a shellfish
				certificate.
1.
Exception
: The
				holder of a depuration certificate or a relay permit from the Department may
				buy, ship, transfer or transport shellfish from an area classified as
				restricted or conditionally restricted in accordance with certificate or permit
				conditions.
2.
Exception
:The holder of an aquaculture lease or license may buy or
				possess seed from growing areas in the prohibited classification provided the
				seed does not exceed the maximum seed size definitions as established in
				Chapter 2.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 94 - SANITARY CONTROL OF MOLLUSCAN SHELLFISH › Section 188-94-07 - Shellfish Sanitation Certificates

Current through 2024-29, July 17, 2024
A.
Application
:Any person who wants to obtain certification pursuant
				to § 6856 shall:
1. On an annual basis,
				apply to the Department on forms supplied by the Commissioner and shall provide
				all information required.
2. Submit
				and implement an HACCP plan that is in compliance with the Model
				Ordinance.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 94 - SANITARY CONTROL OF MOLLUSCAN SHELLFISH › Section 188-94-08 - Harvest of Shellfish for Depuration

Current through 2024-29, July 17, 2024
A. Each
				depuration plant certificate holder must submit an application to the
				Department on an annual basis identifying the names and addresses of all
				individuals who the certificate holder intends to use as authorized
				representatives for the depuration plant in depuration harvesting
				operations.The Commissioner may refuse to authorize any person that he
				determines to be unsuitable to serve as an authorized representative, taking
				into account, among other things, whether that person has a record of having
				committed marine resource law violations.
B. The authorized representative must
				supervise all members of the depuration harvesting crew and keep accurate
				records.
C. The authorized
				representative must record the names of all depuration harvest crew members and
				their current, valid, shellfish harvester's license number, during each day's
				operation. These records must be available for inspection by Department
				personnel at all times.
D. The
				authorized representative must maintain daily records of the quantity of
				shellfish harvested by each member of the harvest crew and the area where the
				shellfish were harvested. These records must be available for inspection by
				Department personnel at all times.
E. The depuration plant authorized
				representative must notify any municipality with a shellfish management program
				48 hours in advance of a scheduled depuration harvest.The notification must
				include the date, time, and location, as well as the contact information for
				the authorized representative overseeing the harvest. The notification must be
				sent by electronic mail to the town clerk, municipal shellfish warden, chair of
				the shellfish committee, the Marine Patrol Lieutenant for the Division in which
				the harvest will occur, and DMRPublicHealthDiv@maine.gov. Any change in
				schedule will be disseminated through the same process and by other means to
				provide effective notice as soon as possible.
F. The depuration plant authorized
				representative must call the appropriate Maine State Police communications
				center to notify the local marine patrol officer of the area to be harvested at
				least 24 hours prior to actual harvesting.
G. Harvesting in restricted or conditionally
				restricted areas for depuration purposes may be undertaken only during daylight
				hours.
H. The area within which the
				depuration harvesting will occur must be clearly demarcated with orange
				flags.
I. During depuration
				harvesting activities, all harvest crew diggers must remain in the same area,
				close enough for immediate supervision of all diggers at all times by the
				authorized representative.
J. Each
				member of a depuration harvesting crew must hold, and possess on his person, a
				current, valid commercial shellfish license, at all times during depuration
				harvest activities.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 94 - SANITARY CONTROL OF MOLLUSCAN SHELLFISH › Section 188-94-09 - Transportation and Delivery of Shellfish for Depuration

Current through 2024-29, July 17, 2024
A. All shellfish harvested from depuration
				areas must be placed into an approved vehicle and the vehicle must be sealed
				immediately. Unless otherwise authorized by the Department, all shellfish
				harvested must be transported directly to the depuration plant immediately
				after digging operations are completed.
B. The vehicles must be sealed with state
				seals. The authorized representative or the vehicle driver must record the seal
				number(s) on the daily harvest record.
C. The authorized representative must
				maintain harvest records and must record the number of the seal on the vehicle
				and the time shellfish were placed in the vehicle. The plant manager must also
				maintain records of shellfish lots, listing each lot by seal number and listing
				the time the lot arrived at the plant and the time the seal was removed from
				the vehicle at the plant.
D. The
				vehicle used must conform to the requirements set forth in the Model
				Ordinance.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 94 - SANITARY CONTROL OF MOLLUSCAN SHELLFISH › Section 188-94-10 - State Seals

Current through 2024-29, July 17, 2024
The Department will issue state seals for depuration
				  harvesting purposes only to a depuration certificate holder. Unused seals must
				  be submitted to the Department of Marine Resources upon cancellation or
				  suspension of a shellfish certificate, or revocation or suspension of a
				  certification to depurate.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 94 - SANITARY CONTROL OF MOLLUSCAN SHELLFISH › Section 188-94-11 - Permits

Current through 2024-29, July 17, 2024
A.
Bulk Tagging of Shellstock
				Permit
1. A person may not handle,
				ship, transport, or process shellfish in bulk without a current bulk tagging
				permit issued by the Department.
2.
				To obtain a bulk tagging permit, a person must apply on an annual basis to the
				Department on forms supplied by the Commissioner and must provide all
				information required.
3. When
				receiving bulk tagged shellfish, the certified dealer must have a Bulk Tagging
				Plan approved by the Department.
4. A dealer receiving bulk tagged shellstock
				must have an intermediate processing plan approved by the Department.
5. Bulk Tagging permits expire
				April 1st unless an earlier expiration date is
				given.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 94 - SANITARY CONTROL OF MOLLUSCAN SHELLFISH › Section 188-94-12 - Embargo Procedure for Shellfish

Current through 2024-29, July 17, 2024
A. In the event
				that the Commissioner or his agent determines that shellfish should be
				embargoed, whether for violation of any requirement of the Model Ordinance or
				for any other reason set forth in
				12 M.R.S.
				§6856(6), the shellfish
				shall be identified and shall not be sold, shipped, transported, moved or
				otherwise altered by any person, without the express permission of the
				Commissioner or his agent.
B. Every
				single container or lot of shellfish subjected to embargo will be clearly
				identified.The Commissioner shall retain a copy of all current embargo orders
				or destruct orders, which includes the amount, species, container or lot
				description, name and address of the shellfish owner and the reason for
				embargo. A copy of such orders containing this information shall be given to
				the owner of the embargoed shellfish.
C. It shall be unlawful to pack shellfish,
				whether shucked or in shellstock form into mislabeled containers, or to possess
				mislabeled shellfish. Shellfish shall be considered mislabeled if the label is
				absent, bears inaccurate information, or is missing information concerning the
				identity of the packer, shipper, distributor, the area name, the date of
				harvest, the date of packing or the type and quantity of shellfish in the
				container.
D. Shellfish that are
				mislabeled shall be grounds for immediate embargo, condemnation and destruction
				as being of unsound or unknown quality, and therefore, unsafe.
E. When shellfish samples indicate that those
				shellfish contain toxin levels exceeding those specified in the Model
				Ordinance, or the shellfish are suspected of being contaminated or of unsound
				quality or deleterious to the public health, the Commissioner shall embargo the
				contaminated shellfish; as well as any other shellfish which are likely to be
				contaminated in the same vehicle or facility. The Commissioner shall condemn
				and order destruction of such shellfish in accordance with the embargo
				authority granted to the Commissioner of Marine Resources in
				12 M.R.S.
				§6856(6).
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 94 - SANITARY CONTROL OF MOLLUSCAN SHELLFISH › Section 188-94-13 - Suspension, Revocation or Nonrenewal of Licenses, Permits or Certification

Current through 2024-29, July 17, 2024
If the Commissioner determines that an applicant for renewal
				  of a shellfish license, permit, or certificate is not currently in compliance
				  with shellfish sanitation regulations, failed to report, or has failed to
				  comply with shellfish sanitation regulations during the previous license
				  period, the Commissioner may, in addition to any remedy available, including
				  but not limited to suspension or revocation of the license, permit, or
				  certificate in accordance with the procedures established under the marine
				  resources' laws, refuse renewal of the license, permit, or certificate in
				  accordance with the following procedures:
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 license, permit or 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.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 105 - SAFETY REGULATIONS › Section 188-105-10 - Tender and Diver Safety requirements

Current through 2024-29, July 17, 2024
A.
Compliance
All copies of Cardio-Pulmonary Response (CPR) cards and First
				  Aid cards or equivalent documentation must be current (non-expired) and in
				  possession of the licensed tender. A copy of the current CPR and First Aid
				  cards must be presented upon demand by a Marine Patrol Officer.
1.
Tenders
Each person licensed as a sea urchin or scallop diving tender
				  under
				  12 M.R.S.A.
				  §6535, or acting as a tender under a
				  license issued pursuant to
				  12 M.R.S.A.
				  §6701(5)(B), or §
											6748(4)(B),
				  must have completed safety training as required by this Chapter. The training
				  requirements or equivalents include a Cardio-Pulmonary Response (CPR) Card and
				  First Aid Card; plus the DMR Diving Safety Course for Tenders certificate of
				  completion card for tenders where required; or receive a Department approved
				  waiver, (see Waivers).
Persons issued a sea urchin and scallop diving tender license
				  pursuant to 12 M.R.S. 6535 who have never held a tender license in accordance
				  with , must complete a DMR Diving Safety Course for Tenders. Anyone engaged in
				  licensed activity pursuant to 12 M.R.S. 6535, must have in their possession a
				  current (non-expired) Cardio-Pulmonary Response Card (CPR) and a current
				  (non-expired) First Aid Card or equivalent documentation (see Waivers).
Persons acting as a tender in accordance with
				  12 M.R.S.
				  §6701(5)(B), or §
											6748(4)(B)
				  who have never held a tender license in accordance with
				  12 M.R.S.
				  §6535 or
				  12 M.R.S.
				  §6536 must have in their possession, at
				  the time when acting as a tender, a current (non-expired) CPR card, a current
				  (non-expired) First Aid card and a DMR Diving Safety Course for Tenders
				  certificate of completion card pursuant to
				  12
				  M.R.S. §6533, or Department approved
				  equivalent documentation (see Waivers).
Persons acting as a tender in accordance with
				  12 M.R.S.
				  §6701(5)(B), or §
											6748(4)(B)
				  who have held a tender license in accordance with
				  12 M.R.S.
				  §6535 or
				  12 M.R.S.
				  §6536 must have in their possession, at
				  the time when acting as a tender, a current (non-expired) CPR card, a current
				  (non-expired) First Aid card beginning August 1, 2010.
2.
Divers
Persons licensed as a scallop diver in accordance with
				  12 M.R.S.
				  §6701 or sea urchin diver in accordance
				  with §6748 shall provide a current (non-expired) copy of a
				  Cardio-Pulmonary Response (CPR) Card and First Aid Card
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 110 - MARINE HARVESTING DEMONSTRATION LICENSE › Section 188-110-02 - Marine Harvesting Demonstration

Current through 2024-29, July 17, 2024
An individual holding a marine harvesting demonstration
				  license may fish for marine organisms for the purpose of providing an
				  educational demonstration of harvesting techniques or of the ecology of the
				  Gulf of Maine as part of a commercial operation. The license application may be
				  obtained by writing the Department of Marine Resources, attn: Licensing
				  Division, 21 State House Station, Augusta, Maine 04333-0021 or by contacting
				  the DMR Licensing Division at telephone: (207) 624-6550.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 110 - MARINE HARVESTING DEMONSTRATION LICENSE › Section 188-110-03 - Limitations and Prohibitions

Current through 2024-29, July 17, 2024
A. All marine
				organisms collected must be immediately liberated alive into the area from
				which they were taken.
B.
Lobster
1. Lobster taken by trap
				must be immediately liberated alive.
2. When collecting organisms by hand while
				SCUBA diving, the holder of a marine harvesting demonstration license may not
				take or possess lobsters.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 110 - MARINE HARVESTING DEMONSTRATION LICENSE › Section 188-110-04 - Methods of Fishing

Current through 2024-29, July 17, 2024
A person holding a marine harvesting demonstration license
				  may fish with lobster traps, or may collect marine organisms other than
				  lobsters by hand while SCUBA diving in accordance with this chapter.
Persons fishing with lobster traps must mark each surface
				  buoy with the demonstration license number, which must be prefixed with the
				  letters DL to indicate the type of license, i.e., a demonstration
				  license.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 110 - MARINE HARVESTING DEMONSTRATION LICENSE › Section 188-110-05 - Trap Tags for Demonstration Traps

Current through 2024-29, July 17, 2024
No license holder may use a vessel to set, haul, retrieve or
				  take lobsters from a trap unless that trap contains a trap tag allocated to
				  that vessel in accordance with the license holder's vessel declaration. License
				  holders must declare the vessel and lobster zone, at the time of license
				  issuance or renewal, to which that license holder's trap tags will be allocated
				  pursuant to the license. The owner of a declared vessel will be given priority
				  in the issuance of trap tags. All individuals declaring the same marine
				  demonstration vessel may set, haul, retrieve, or take lobsters from the traps
				  allocated to that vessel. The individual to whom demonstration trap tags have
				  been issued does not need to be present on board the vessel in order for other
				  individuals declaring the same marine demonstration vessel to set, haul or
				  retrieve, or take lobster from the traps allocated to that vessel.
The number of lobster trap tags allocated to a vessel
				  declared for a demonstration license may not exceed 20, regardless of the
				  number of marine harvesting demonstration license holders fishing from that
				  vessel. No license holder shall be issued trap tags in an amount that causes a
				  declared vessel to exceed the applicable vessel trap limit established pursuant
				  to 12 M.R.S.A. §6421-(3-A)(F) consistent with the individual trap limit,
				  boat trap limit and applicable vessel limitation law and regulation.
A lobster trap tag is valid starting June 1 of each year.
				  Trap tags shall be valid until May 31 of the following year (12 months).
Tags shall be replaced each lobster fishing year, when
				  supplied by the Commissioner.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 110 - MARINE HARVESTING DEMONSTRATION LICENSE › Section 188-110-06 - Vessel Identification

Current through 2024-29, July 17, 2024
A vessel used for marine harvesting demonstration must be
				  clearly identified. The symbol for a marine harvesting demonstration license is
				  a fluorescent orange semi-circle, at least 12 inches in diameter, and must be
				  displayed on both sides of the vessel, mounted in such a manner that it is
				  clearly visible. The symbol described is available from the Department's
				  Licensing Division for a nominal fee.
A vessel identified as a demonstration vessel may not be
				  used for the commercial harvest of marine organisms pursuant to
				  12 M.R.S.A.
				  §6810-A(3). A lobster
				  and crab license pursuant to
				  12 M.R.S.A.
				  §6431-A and §
									6421(3-A)(E)
				  are commercial licenses.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 115 - VIBRIO PARAHAEMOLYTICUS CONTROL PLAN › Section 188-115-01 - Compliance

Current through 2024-29, July 17, 2024
The
Vibrio parahaemolyticus
Control Plan
				  (the "Vibrio Control Plan" or the "Control Plan") applies specifically to
				  American and European oysters (
Crassostrea virginica and Ostrea
				  edulis
) and
hard clams
(Mercenaria mercenaria)
harvested designated control areas. The Control Plan provides
				  additional and more rigorous controls than those imposed by DMR Rules chapters
				  9, 22 and 94 to the handling of American and European oysters and hard clams in
				  the area described in Section 115.02. Insofar as the Control Plan time and
				  temperature requirements exceed those imposed by existing rules or are in
				  addition to those imposed by existing rules, the relevant provisions of the
				  Control Plan shall supersede the provisions of chapters 9, 22 and 94.
The Control Plan shall be complied with during the harvesting
				  and handling of the above-described species, as conducted by harvesters,
				  certified shellstock dealers, certified shellfish establishments (sometimes
				  referred to as shellfish facilities or plants), shucker-packers, shellstock
				  shippers and receivers, reshippers, depuration processors, enhanced retail
				  seafood license holders and all others involved in the processes described in
				  chapters 9, 22, and 94.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 115 - VIBRIO PARAHAEMOLYTICUS CONTROL PLAN › Section 188-115-02 - Control Months and Control Areas

Current through 2024-29, July 17, 2024
The Vibrio Control Plan is in effect from June
				  1st through October 15th,
				  inclusive, in the designated control areas:
A. all parts of the Damariscotta River north
				of a line beginning at Montgomery Point, Boothbay and running southeast to
				Jones Point, South Bristol,
B. all
				parts of the Sheepscot River north of Route 1,
C. all parts of the New Meadows River north
				of Bath/State Rd in Brunswick and West Bath.
D. all parts of the Scarborough and Nonesuch
				Rivers north of a line beginning at the eastern tip of Pine Point Beach,
				Scarborough and running east to the opposite shore on Prouts Neck, Scarborough
E. all parts of Spinney Creek
				north of Route 103
F. all parts of
				the Weskeag River north of a line beginning at the shore at the end of Ballyhac
				Rd. in Owls Head, running west to the north tip of Spaulding Island, then west
				to the opposite shore at Pleasant Beach in South Thomaston.
A mandatory harvest/purchase plan must be submitted annually
				  by April 1st in accordance with section
				  115.04(F).
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 115 - VIBRIO PARAHAEMOLYTICUS CONTROL PLAN › Section 188-115-03 - Definitions

Current through 2024-29, July 17, 2024
"Adequately iced"
means that the amount and
				  application of ice is sufficient to ensure that immediate cooling begins and
				  continues for all shellstock in a container. If ice slurry is used and the
				  shellstock are submerged, the presence of ice in the slurry indicates adequate
				  icing. Potable water must be used for the production of ice used for cooling of
				  shellstock.
"Control months"
means June
				  1st through October 15th,
				  inclusive.
"Harvest"
means the act of removing shellstock
				  from growing area waters and its placement on or in a manmade conveyance or
				  other means of transport or transfer. This does not include the placement of
				  shellstock in aquaculture gear designed to grow or enhance shellstock as part
				  of husbandry practices.
"Mechanical Refrigeration"
means storage in a
				  container or conveyance that is approved by the Maine Department of Marine
				  Resources (DMR) and capable of cooling to, and maintaining, an ambient
				  temperature of 45°F or less.
"Potable water"
means a water supply which meets
				  the requirements of the
Safe Drinking Water Act
, as
				  administered by the EPA and which meets the requirements of DMR Chapters
				  15-20.
"Resubmerge"
means, and is strictly limited to,
				  reintroduction of shellstock
				  into approved waters following the removal of shellstock from approved waters.
				  This is separate and distinct from "wet storage" which is a certified dealer
				  activity. Resubmergence shall be conducted only by an aquaculture lease holder
				  or permit holder.
"Shading"
means to shelter by intercepting the
				  direct rays of the sun to protect the shellstock from heat. Shading may be
				  accomplished by any means that effectively protects the harvested shellstock
				  from direct sunlight and prevents excessive heat build-up in the shaded area.
				  Materials used for shading should not be in direct contact with the shellstock
				  unless they are food grade surfaces (e.g. no seaweed or wet tarps applied
				  directly to shellstock).
"Temperature control"
means the use of ice or
				  mechanical refrigeration, which is capable of lowering the temperature of the
				  shellstock and maintaining it at an internal temperature of 50°F or
				  less.
"Time of harvest"
for the purpose of temperature
				  control time of harvest begins once the first shellstock is no longer
				  submerged. For example, the time intertidal shellstock are first exposed to the
				  air as the tide recedes or the time when a drag is brought onboard a vessel
				  with shellstock from a subtidal resource.
"Vp" and "Vibrio"
refer to
Vibrio
				  parahaemolyticus.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 115 - VIBRIO PARAHAEMOLYTICUS CONTROL PLAN › Section 188-115-05 - Harvest Restrictions During Control Months

Current through 2024-29, July 17, 2024
A. Control Plans that do not include
				immediate icing:
(1) All oysters and hard
				clams shall be transferred to a certified shellfish dealer or enhanced retail
				seafood license holder and put into temperature control, wet storage or
				depuration within two (2) hours of the time of harvest.
(2) All oysters and hard clams shall be
				subject to shading immediately after harvest.
(3) All oysters and hard clams that are
				harvested and exposed to ambient temperatures for more than two (2) hours but
				less than twelve (12) hours must be resubmerged or wet stored by a certified
				shellfish dealer for no less than 24 hours or destroyed.
(4) All oysters that are harvested and
				exposed to ambient temperatures for twelve (12) hours or more must be
				resubmerged or wet stored for no less than seven (7) days or 168 hours or
				destroyed.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 115 - VIBRIO PARAHAEMOLYTICUS CONTROL PLAN › Section 188-115-06 - Additional Harvest Restrictions During Control Months for 80°F and above Air Temperatures for the Damariscotta River and the Sheepscot River

Current through 2024-29, July 17, 2024
The temperature shall be determined at the time of harvest
				  using a continuous ambient air temperature data recorder or data from a
				  DMR-designated weather station and recorded on the temperature collection data
				  sheet.
All oysters and hard clams shall be transferred to a
				  certified shellfish dealer within two (2) hours of the time of harvest and put
				  into temperature control.
All oysters and hard clams shall be subject to shading
				  immediately after harvest.
All oysters and hard clams that are harvested and exposed to
				  ambient temperatures for more than two (2) hours but less than twelve (12)
				  hours must be resubmerged or wet stored by a certified shellfish dealer for no
				  less than twenty-four (24) hours.
All oysters that are harvested and exposed to ambient
				  temperatures for twelve (12) hours or more must be resubmerged or wet stored
				  for no less than seven (7) days or 168 hours.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 115 - VIBRIO PARAHAEMOLYTICUS CONTROL PLAN › Section 188-115-07 - Noncompliance

Current through 2024-29, July 17, 2024
Shellstock received by a certified dealer or enhanced retail
				  seafood license holder without time of harvest recorded on the harvest tag, in
				  exceedance of two (2) hours from time of harvest and/or without adequate ice
				  shall be placed in an approved wet storage system for seven (7) days or 168
				  hours or destroyed.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 115 - VIBRIO PARAHAEMOLYTICUS CONTROL PLAN › Section 188-115-08 - Reporting of Violations

Current through 2024-29, July 17, 2024
Harvesters and certified shellfish dealers are required to
				  report observed violations of the Vibrio Control Plan immediately to Marine
				  Patrol.