reglab/statecodes huggingface dataset:
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 2 - AQUACULTURE LEASE REGULATIONS › Section 188-2-40 - Lease Issuance

Current through 2024-29, July 17, 2024
1. Prior to issuing
				a lease, the Department shall send a draft lease for review to the applicant.
				The lease holder shall be same as the applicant.
2. Applicant Responsibilities. Prior to
				issuance of the lease, the applicant must complete the following requirements:
A. establish an escrow account or secure a
				performance bond in the amount required by the Department in the draft lease.
				The bond shall be in the name of the executed lease holder. The amount is to be
				determined by the nature of the aquaculture activities proposed for the lease
				site as follows:
Category of Aquaculture Lease:
No structure, no discharge
$ 500.00
No structure, discharge
$ 500.00
Structure, no discharge
Total combined area of all structures on
								lease:
<=400 square feet
$ 1,500
>400 square feet
$ 5,000
Structure, discharge
$ 25,000
A single performance bond for a structure, discharge lease
				  may be held to meet lease obligations for up to no more than 5 individual
				  leases retained by a leaseholder.
The Department may prorate the performance bond amount for a
				  structure, no-discharge lease where structures are in excess of 2,000 square
				  feet in order to increase the bonding requirement to satisfy the requirements
				  of these rules.
B. pay the
				rental fee due for the first year of the lease term.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 2 - AQUACULTURE LEASE REGULATIONS › Section 188-2-41 - Competing Aquaculture Lease Applications

Current through 2024-29, July 17, 2024
1. To qualify as a competing application
				under subsections
				2 and
				3, an application must be accepted by
				the Department prior to the publication of the first public notice of hearing
				to consider a previously filed lease application for identical or overlapping
				lease areas.
2. In the event the
				Department receives competing aquaculture lease applications for a lease site,
				the Department shall give preference in granting a lease as follows:
A. first to the Department;
B. second, to the riparian owner of the
				intertidal zone within the leased site area;
C. third, to fishermen who have traditionally
				fished in or near the proposed lease area; and
D. fourth, to the riparian owner within 100
				feet of the territorial waters proposed to be leased.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 2 - AQUACULTURE LEASE REGULATIONS › Section 188-2-43 - Lease Rent

Current through 2024-29, July 17, 2024
Rent shall be payable hereunder as follows: one hundred
				  dollars ($100) per acre, per year for all leases. All rent is payable on or
				  before October 1 of each year throughout the term of the
				  lease.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 2 - AQUACULTURE LEASE REGULATIONS › Section 188-2-44 - Lease Amendments

Current through 2024-29, July 17, 2024
1. The Commissioner
				shall not amend a lease in such a way that it materially alters the findings of
				the original decision, or would result in a change to the original lease
				conditions. Amendments may be requested only for leases issued under 12 MRSA
				§
									6072, or
				scientific leases issued under 12 MRSA §
									6072-A to add or remove species or
				gear type, or modify operations.
2.
				Requests for amending leases must be submitted on forms prescribed by the
				Commissioner. A fee of $200 is due at the time of application for the lease
				amendment.
3. Procedure. A lease
				amendment is not an adjudicatory proceeding. The Department shall send a notice
				of the proposed amendment to the owners of riparian land within 1,000 feet of
				the lease site, and the municipal officers of the municipality in which the
				lease is located, and interested parties. The Department may also publish
				notice on the Department website. The notice shall state that the riparians and
				municipal officers may provide comments to the Department on the proposed
				amendment within 14 days of the date of the notice.
4. Decision. The Commissioner may grant the
				lease amendment if it is determined that
A.
				the lease amendment does not violate any of the lease issuance criteria set
				forth in 12 M.R.S.A. §
										6072 (7-A) and is consistent with the
				Commissioner's findings on the underlying lease application in accordance with
				Chapter 2.37(A);
B. the lease
				amendment does not violate any of the conditions set forth in the original
				lease;
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 2 - AQUACULTURE LEASE REGULATIONS › Section 188-2-45 - Lease Renewal

Current through 2024-29, July 17, 2024
1. A lessee, on a
				form supplied by the Commissioner, may apply for Department approval of a lease
				renewal. A lessee must file with the Department an application to renew a lease
				at least 30 days prior to the lapse of the lease. The application shall include
				a nonrefundable application fee of $1,500.
2. The Commissioner shall grant a lease
				renewal if it meets the conditions established in 12 M.R.S.A §
									6072(12)  and
				further defined below:
A. Consideration of
				speculative purposes includes whether the lessee has conducted substantially no
				research or aquaculture in the lease areas during the previous lease term;
B. Consideration of the best
				interest of the state may include, but shall not be limited to, conflict with
				other new or existing uses of the area which the Commissioner determines to be
				a higher use of the area from the perspective of the public interest;
				and
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 2 - AQUACULTURE LEASE REGULATIONS › Section 188-2-60 - Lease Transfer

Current through 2024-29, July 17, 2024
1. Application. A
				lessee, on a form supplied by the Commissioner, may apply for Department
				approval of the transfer of his aquaculture lease to another person for the
				remaining portion of the lease term. The lessee must pay the transfer fee of
				$2,500 for non-discharge leases and $5,000 for discharge leases at the time
				application for the transfer is made. The Commissioner may waive the
				application fee if the applicant demonstrates that the transfer is to the
				applicant's parent, spouse, sibling or child. Multiple transfers of one lease
				that have the effect of circumventing the application fee are not
				permitted.
2. Procedure. A lease
				transfer is not an adjudicatory proceeding. The Department shall send a notice
				of the proposed transfer to the owners of riparian land within 1,000 feet of
				the lease site, and the municipal officers of the municipality in which the
				lease is located. The Department shall also publish a notice in a newspaper of
				general circulation in the area of the lease. The notice shall state that the
				public, riparians, and municipal officers may provide comments to the
				Department on the proposed transfer within 30 days of the date of the
				notice.
3. Decision. The
				Commissioner may grant the lease transfer if it is determined that:
A. the change in lessee's identity does not
				violate any of the lease issuance criteria set forth in 12 M.R.S.A. §
										6072 (7-A);
B. the lease transfer is not intended to
				circumvent the preference guidelines for treatment of competing applications as
				set forth in 12 M.R.S.A. §
										6072(8);
C. the lease transfer is not for speculative
				purposes. Consideration of speculative purposes includes whether the current
				lessee has conducted substantially no research or aquaculture in the lease
				areas during the previous lease term; and
D. the transfer will not cause the transferee
				to be a tenant of any kind in leases covering an aggregate of more than 1,000
				acres.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 2 - AQUACULTURE LEASE REGULATIONS › Section 188-2-61 - Lease Expansion

Current through 2024-29, July 17, 2024
1. Application. A
				lessee may apply for Department approval of a lease expansion on a form
				supplied by the Commissioner. A lessee is eligible to apply for an expansion 2
				years from the date the lease was originally executed. If a lease contains
				multiple tracts, the expansion must be proportional to each tract. The
				dimensions of the proposed expansion must be reasonably based on the original
				lease dimensions.
2.
				Fee
.
An application for lease expansion shall not be
				considered until a nonrefundable application fee has been paid. The application
				fee for a lease expansion is $500 for non-discharge leases and $2000 for
				discharge leases.
3. Procedure. A
				lease expansion is not an adjudicatory proceeding.
A. After the Department has deemed the
				application complete, the applicant shall publish a notice of the proposed
				expansion in a newspaper of general circulation in the area of the
				lease.
B. The Department shall
				notify all riparian owners within 1,000 feet of the lease site, and the
				municipal officers of the municipality in which the lease is located or Bureau
				of Revenue Services, Unorganized Division for unorganized territory of the
				completed lease expansion application. The notice shall provide the riparians,
				and municipal officers with 30 days to provide written comments about the
				proposed expansion.
C. The
				Commissioner may require the applicant to conduct an environmental
				characterization of the proposed expansion. This characterization shall be done
				in accordance with Chapter 2.10(C) at the Department's direction. The applicant
				shall provide this characterization to the Department at the applicant's
				expense. The environmental characterization shall be conducted at a time of
				year that the Department determines appropriate to adequately evaluate the
				proposed location.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 2 - AQUACULTURE LEASE REGULATIONS › Section 188-2-65 - Experimental Aquaculture Lease Application Requirements

Current through 2024-29, July 17, 2024
1. The lease applicant's name, address, home
				and business phone number of the applicant, and, if applicable, the location
				and Department number of any emergency lease which may be held on the area for
				which the experimental lease is being applied.
2. A description of the research or
				development study to be conducted on the site. The description must include:
				the purpose and design of the study; the type, amount and proposed source of
				organisms to be grown; a drawing of any structures that will be used; a
				description of the culture and harvesting techniques that will be used; and the
				expected length of the study. The description shall also indicate whether the
				research is for commercial research and development or for scientific
				purposes.
3. A description of
				existing uses of the proposed lease area, including commercial and recreational
				fishing activity, moorings, navigation and navigational channels, and use of
				the area by riparian landowners for ingress and egress. The description shall
				include the type, volume, time, duration, location and amount of activity. A
				signed statement from a Harbormaster or Marine Patrol Officer may be submitted
				to verify this information.
4. A
				general description of the area including major physical and biological
				features, including the flora and fauna of the area (i.e., type of bottom,
				presence of eelgrass beds, shellfish beds, etc.) as well as the general
				shoreline and upland characteristics (i.e., sand beach, rocky headland,
				saltmarsh), and ice formation.
5.
				In lieu of a written description, applicants may submit a clear and
				decipherable video (or a Department approved alternative) of the bottom of the
				proposed lease site and the surrounding shoreland using a transect methodology
				approved by the Department. Applications that involve a discharge must be
				filmed between April 1 and November 15 unless otherwise specified by the
				Department. Applications that do not involve a discharge maybe filmed at any
				time of year, unless otherwise specified by the Department.
6. Oil Spill Prevention and Control Plan. For
				applications where petroleum products are to be stored on the proposed site, a
				spill prevention and control plan shall be provided with the application. The
				plan should be specific to the site, but should include:
A. Procedures and control measures at the
				site to prevent oil spills; and
B.
				measures to contain, cleanup, and mitigate the effects of an oil spill that has
				impacted navigable waters or adjoining shorelines.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 2 - AQUACULTURE LEASE REGULATIONS › Section 188-2-66 - Emergency Aquaculture Lease for Shellfish

Current through 2024-29, July 17, 2024
1. The Commissioner may grant an emergency
				aquaculture lease for shellfish pursuant to 12 M.R.S.A. §
									6072-B when the health and safety
				of those shellfish or those of the consumer are threatened and the Commissioner
				determines that the relocation of those shellfish will not threaten the water
				quality of the receiving waters or the health of marine organisms in those
				waters. The purpose of this section is to allow for the quick relocation of
				shellfish as the result of an unanticipated, natural phenomenon that is beyond
				the control of the lease holder. There are two types of emergency situations
				for which these provisions can be used:
1) a
				non-disease or an environmental emergency such as a major storm event or
				accident and
2) a pathogen or
				disease-related emergency. The applicant bears the burden of proof to
				demonstrate that the organisms to be relocated will not transmit pests,
				disease, pathogen
s
or parasites to the new location
				and that the proposed lease meets all the standards set forth in these
				regulations.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 2 - AQUACULTURE LEASE REGULATIONS › Section 188-2-75 - Minimum Lease Maintenance Standards

Current through 2024-29, July 17, 2024
1. The lessee
				shall mark the lease in a manner prescribed by section
				2.80 or the Commissioner in the
				lease.
2. The lessee shall ensure
				that all authorized structures must remain within the boundaries of the lease
				site.
3. The lessee shall maintain
				the site in such a manner as to avoid the creation of a public or private
				nuisance and to avoid substantial injury to marine organisms.
4. The lessee must collect and properly
				dispose of all errant gear, errant equipment, or errant solid waste from the
				lease site in a timely manner.
5.
				In order to prevent adverse impact to public health, the lessee shall make
				lawful efforts to ensure animal excrement does not accumulate on or near
				structures.
6. The lessee must
				properly contain and dispose of human waste generated during lease operations.
7. The lessee must maintain and
				follow their operational plan as defined in 2.05(M). These documents must be
				produced upon request by the Department.
8. The lessee must maintain an escrow account
				or performance bond and pay rental fees in a timely manner.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 2 - AQUACULTURE LEASE REGULATIONS › Section 188-2-80 - Marking Procedures for Aquaculture Leases

Current through 2024-29, July 17, 2024
1. Except for a lease site that has received
				a Private Aid to Navigation permit from the United States Coast Guard,
				aquaculture leases shall be marked with yellow floating devices, such as buoys,
				which display the lease acronym assigned by the Department and the words SEA
				FARM in letters of at least 2 inches in height in colors contrasting to the
				background color of the device. The yellow floating devices shall be displayed
				at each corner of the lease area that is occupied or at the outermost corners.
				The yellow floating devices shall be readily distinguishable from interior
				buoys and aquaculture gear and shall host reflective material. In cases where
				the boundary line exceeds 200 yards, additional devices shall be displayed so
				as to clearly show the boundary line of the lease. In situations where the
				topography or distance of the lease boundary interrupts the line of sight from
				one marker to the next, additional marked floating devices shall be displayed
				so as to maintain a continuous line of sight.
2. Sites that have received a Private Aid to
				Navigation permit from the United States Coast Guard must have the lease
				acronym assigned by the Department and the words SEA FARM clearly displayed on
				the site.
3. When such marking
				requirements are unnecessary or impractical in certain lease locations, such as
				upwellers located within marina slips, the Commissioner may set forth
				alternative marking requirements in an individual lease.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 2 - AQUACULTURE LEASE REGULATIONS › Section 188-2-92 - Aquaculture lease site workers operating under the authority of an aquaculture license holder (12 M.R.S.A. section 6810-B)

Current through 2024-29, July 17, 2024
1. Unlicensed individuals may work on
				aquaculture lease sites and transport or sell the cultured product produced on
				those sites, provided they are authorized to do so by a license holder who
				holds the aquaculture lease for the site. The license holder must direct and
				oversee the work of the unlicensed individuals.
Such unlicensed individuals shall keep a copy of the lease
				  holder's license with them while working with, transporting, or selling the
				  cultured product and shall present it to DMR upon request.
2. Aquaculture leaseholders shall maintain
				records of any unlicensed individuals working pursuant to the lease holder's
				license, including:
A. The names and
				addresses of the individuals;
B.
				The dates on which they worked; and
C. The name(s) and license number(s) of the
				license holders under whose authority they worked.
The records shall be made available for inspection by DMR
				  upon request.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 3 - FOREIGN FISH PROCESSING WITHIN MAINE'S TERRITORIAL SEA › Section 188-3-01 - Definitions

Current through 2024-29, July 17, 2024
Unless the context indicates otherwise in this section, the
				  following words shall have the following meanings:
A. "Department" means the Maine Department of
				Marine Resources, State House Station #21, Augusta, Maine 04333;
B. "Fishery Conservation Zone" means that
				zone established by Section 101 of the Magnuson Fishery Conservation and
				Management Act of 1976, P.L. 94-265, 16 U.S.C. Sec. 1811;
C. "internal waters of Maine" means all
				waters within the boundaries of the state except those seaward of the baseline
				from which the territorial sea is measured;
D. "fish processing" means the application of
				preservative means and/or methods to the flesh of fish to maintain quality and
				prevent deterioration, and includes, but is not limited to, preparation,
				supply, storage, refrigeration, or transportation of unprocessed fish, "fish
				processing" does not include the traditional transportation of herring by
				Canadian herring carriers from Maine's internal waters to Canada;
E. "adequate capacity" means that U.S. fish
				processors operating fish processing facilities in Maine have the physical
				plant capacity and the present determination to use that processing capacity to
				process all of the United States harvested fish from the fishery concerned that
				are landed in Maine;
F. "IWP permit"
				means a permit authorized by the Governor under section 3.04 for foreign
				fishing vessels to engage in fish processing in the internal waters of this
				state pursuant to Section 306, Subsection C of the Magnuson Fishery
				Conservation and Management Act (
				16 U.S.C. 1856
				).
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 3 - FOREIGN FISH PROCESSING WITHIN MAINE'S TERRITORIAL SEA › Section 188-3-02 - Authorization

Current through 2024-29, July 17, 2024
A foreign fishing vessel may engage in fish processing within
				  the internal waters of Maine if:
A.
				the foreign nation under which it is flagged is a party to a governing
				international fishery agreement or treaty described in the Magnuson Fishery
				Conservation and Management Act, as amended, ( 16 U.S.C. Section 1821(b) )
				during the time the vessel will engage in fish processing in internal waters of
				Maine;
B. the owner or operator of
				the foreign fishing vessel or a person representing the owner or operator,
				applies to the Department for a permit, the Governor approves the issuance of a
				permit, and a permit is issued for the vessel to engage in fish processing in
				internal waters of Maine;
C. all
				other necessary permits and appropriate fees for permission to conduct fish
				processing in internal waters have been obtained.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 3 - FOREIGN FISH PROCESSING WITHIN MAINE'S TERRITORIAL SEA › Section 188-3-03 - Application

Current through 2024-29, July 17, 2024
A permit application to engage in fish processing in the
				  internal waters of Maine should be submitted as soon as possible prior to the
				  requested date of the beginning of the processing activity and shall
				  state:
A. the reasons the applicant
				does not believe that U.S. fish processors within Maine have adequate capacity,
				or will utilize such capacity, to process all of the United States harvested
				fish from the U.S. fishery concerned that are landed in Maine, including any
				relevant documentation supporting such statement;
B. whether or not the cumulative amount
				requested will cause catch levels from the management area to exceed the
				specified total allowable catch (TAC);
C. a description of the foreign fish
				processing vessel and other identification information;
D. the name(s) and description(s) of the
				vessel(s) from which the applicant expects to purchase fish;
E. the species and quantity proposed to be
				processed and processing methods to be used;
F. the date(s) for which permission is
				sought;
G. the specific locations
				in the internal waters proposed for fish processing;
H. the existence of a governing international
				fisheries agreement or treaty as described in 16 U.S.C. Section 1801,
et seq.
, as amended;
I. the ability to comply with all applicable
				laws and regulations of the United States and the State of Maine and any permit
				conditions;
J. the ultimate point
				of sale for the product;
K.
				information showing how the fish processing will benefit development of the
				fish industry in Maine;
L. whether
				past over-the-side sales commitments, permit conditions, and other requirements
				have been met; and
M. other
				information as needed or required by the State of Maine.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 3 - FOREIGN FISH PROCESSING WITHIN MAINE'S TERRITORIAL SEA › Section 188-3-04 - Approval

Current through 2024-29, July 17, 2024
The Department will make a recommendation to the Governor for
				  approval or denial of the permit, based on evaluation of information provided
				  in section 3.03 and other applicable laws and regulations. The Department may
				  recommend approval of a permit to the Governor if it determines that U.S. fish
				  processors within Maine do not have adequate capacity and will not utilize such
				  capacity to process all of the United States harvested fish from the fishery
				  concerned that are landed in Maine.
In determining whether or not U.S. fish processors within
				  Maine have adequate capacity, and will utilize such capacity to process all of
				  the U.S. harvested fish from the fishery, the Department may consider the
				  following factors:
A. the availability
				of harvesting vessels in Maine and the capability of such vessels to take the
				species in the fishery concerned;
B. the availability of the labor force,
				adequacy of processing machinery, freezers, and cold storage facilities of
				Maine fish processors, and the processors' ability, intent, and current and
				future plans to process the particular species;
C. the geographical proximity of harvest
				areas supplying the foreign fish processor to the facilities of Maine
				processors;
D. the Maine
				processors' claims as to their capacity versus their actual processing
				performance in any given year;
E.
				the potential for Maine processors to compete in foreign markets (e.g.,
				existence of trade barriers; abundance of a competing product in other parts of
				the world).
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 3 - FOREIGN FISH PROCESSING WITHIN MAINE'S TERRITORIAL SEA › Section 188-3-05 - Condition

Current through 2024-29, July 17, 2024
A. The Department may recommend specific
				times and areas of operations, species and quantities to be processed, and any
				other conditions of operation determined to be necessary and appropriate
				including but not limited to consent by the foreign processing vessel to take
				an observer on board; assisting in the transfer of the observer to and from the
				foreign processing vessel; and reimbursement for the cost of the observer's
				presence.
B. Final approval of a
				permit is subject to any applicable provisions specified in Atlantic States
				Marine Fisheries Commission (ASMFC) interstate fisheries management
				plans.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 3 - FOREIGN FISH PROCESSING WITHIN MAINE'S TERRITORIAL SEA › Section 188-3-06 - Termination

Current through 2024-29, July 17, 2024
The Department may recommend termination of the internal
				  waters permit upon written notification if it is determined that:
A. U.S. processors operating in Maine
				subsequent to initial issuance of a permit have acquired adequate capacity, and
				will utilize that capacity to process all U.S. harvested fish from the
				fishery;
B. any permit condition
				has been violated;
C. or for any
				other reason deemed necessary to protect the public health, welfare or
				safety.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 3 - FOREIGN FISH PROCESSING WITHIN MAINE'S TERRITORIAL SEA › Section 188-3-07 - Informational Hearing

Current through 2024-29, July 17, 2024
A hearing on an application is not required The Department
				  may cause an informational hearing to be held at its discretion after
				  notice.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 4 - MUNICIPAL SHELLFISH CONSERVATION WARDEN CERTIFICATION › Section 188-4-10 - Certification

Current through 2024-29, July 17, 2024
A. Municipal Shellfish Conservation Wardens
				must obtain certification through the Maine Department of Marine Resources
				(MDMR). Candidates for the position of Municipal Shellfish Conservation Warden
				must make written application on the approved form to the MDMR for
				certification. Applications must include a formal written nomination from the
				appointing municipality. Employment background checks will be conducted by
				Maine's Marine Patrol on all applicants. Applicants already employed in a
				certified law enforcement capacity will have backgrounds reviewed for
				conservation violations only.
B.
				Based on a review of the application and employment background investigation
				for each candidate, the MDMR will approve, conditionally approve, or deny the
				request for certification. Applicants will be sent written notice of the MDMR
				decision within thirty days of the review. If applicable, the written notice
				will include and identify conditions for certification or reasons for
				denial.
C. Municipal Shellfish
				Conservation Wardens who will carry a firearm during the performance of their
				duties or who will have the power of arrest must provide proof of certification
				from the Maine Criminal Justice Academy in order to achieve a MDMR
				certification.
D. Any applicant
				approved or conditionally approved to become a Municipal Shellfish Conservation
				Warden may be granted a temporary certification waiver; however, the candidate
				must successfully complete the next available MDMR Shellfish Conservation
				Warden Certification Course. In order to maintain certifications issued under
				this part, individuals must complete additional training requirements at a
				minimum of three-year intervals. Certification or recertification waivers may
				only be granted by the Commissioner of the MDMR.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 4 - MUNICIPAL SHELLFISH CONSERVATION WARDEN CERTIFICATION › Section 188-4-20 - Minimum Qualifications

Current through 2024-29, July 17, 2024
A person must meet the following minimum qualifications for
				  certification as a Municipal Shellfish Conservation Warden:
A. The applicant must have a high school
				diploma or the equivalent. This requirement will be waived for municipal
				wardens who were certified prior to March 19, 2001.
B. The applicant must have a valid motor
				vehicle operator's license. If the applicant has an out of state license, a
				Maine license must be obtained as prescribed under Maine law.
C. The applicant must be 21 years of age or
				older.
D. The applicant must be
				able to read and write at a level necessary to successfully complete the
				Department of Marine Resources Municipal Warden Conservation Course.
E. The applicant must be able to provide
				reliable courtroom testimony for prosecution purposes.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 4 - MUNICIPAL SHELLFISH CONSERVATION WARDEN CERTIFICATION › Section 188-4-30 - Disqualifying Conduct

Current through 2024-29, July 17, 2024
A. The applicant
				must not have been convicted of a violation of any marine resource law or
				regulation enacted or adopted under Title 12 of the
Maine Revised
				Statues
, within the last six years. A person may make application for
				consideration to the Commissioner of the Department of Marine Resources or
				designee for a waiver of this provision.
B. The applicant must have no convictions for
				Murder, Class A, Class B, Class C, Class D or Class E crime, unless the act
				committed was a Class D or E crime and a violation of Title 12
Maine
				Revised Statutes
and was committed prior to the last six years. A
				person may make application for consideration to the Commissioner of the
				Department of Marine Resources or their designee for a waiver of this
				provision.
C. The applicant must
				not falsify or misrepresent any information during the application process or
				background investigation
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 4 - MUNICIPAL SHELLFISH CONSERVATION WARDEN CERTIFICATION › Section 188-4-40 - Recertification

Current through 2024-29, July 17, 2024
A. Should an individual's certification not
				be renewed or maintained, the person must apply in writing to the MDMR for
				recertification.
B. An individual
				must complete certification training through the MDMR before certification may
				be reinstated under this section.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 4 - MUNICIPAL SHELLFISH CONSERVATION WARDEN CERTIFICATION › Section 188-4-50 - Revocation, Suspension or Refusal to Renew Certification

Current through 2024-29, July 17, 2024
A. The Commissioner of the MDMR may suspend,
				revoke or deny certification if one or more of the following conditions exists:
(1) An individual fails to meet the
				performance standards set forth in Chapter 4.60;
(2) An individual faces disciplinary action
				or certification sanctions pursuant to
				25 M.R.S
				§2806-A.
(3) An individual violates a Marine
				Resource's law or regulation;
(4)
				Conditions imposed under a conditional certification have not been
				satisfied;
(5) An individual fails
				to successfully complete or maintain the required certification
				training;
(6) An individual does
				not meet, or no longer meets, the minimum qualifications set forth in Chapter
				4.20 or;
(7) An individual has
				engaged in "disqualifying conduct" established in Chapter 4.30.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 4 - MUNICIPAL SHELLFISH CONSERVATION WARDEN CERTIFICATION › Section 188-4-60 - Performance Standards

Current through 2024-29, July 17, 2024
All Municipal Shellfish Conservation Wardens shall:
A. Enforce the municipality's shellfish
				conservation ordinance in accordance with the law;
B. Enforce the two-inch clam law (
				12 M.R.S.
				§6681 ), contaminated and polluted flats
				(
				12 M.R.S.
				§6172 and §
									6621 )
				and to serve all processes pertaining to the local municipal
				ordinance.
C. Adhere to principles
				of effective law enforcement to include, but not limited to:
(1) Proper use of force;
(2) Adherence to rules of evidence and legal
				procedure; and
(3) Proper use of
				arrest and summonsing powers.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 5 - CONFIDENTIALITY OF FISHERIES STATISTICS › Section 188-5-01 - Definitions

Current through 2024-29, July 17, 2024
In addition to the definitions set forth in
				  12 M.R.S.A.
				  §6001, the following definitions shall
				  apply in interpretation of Chapter 5.
A. "Commissioner" means the Commissioner of
				the Maine Department of Marine Resources.
B. "Department" means the Maine Department of
				Marine Resources.
C. "Data",
				"statistics", and "information". The terms are used interchangeably and mean
				fisheries data reported to, or collected by, the Commissioner in accordance
				with the provisions of
				12 M.R.S.A.
				§6173.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 5 - CONFIDENTIALITY OF FISHERIES STATISTICS › Section 188-5-10 - Collection and Maintenance of Statistics

Current through 2024-29, July 17, 2024
A.
Submission of statistics
1. All
				statistics reported by any dealer, harvester, business, person or vessel to the
				Commissioner shall be provided to authorized personnel of the
				Department.
2. All statistics
				reported by any dealer, harvester, business, person or vessel to the
				Commissioner to comply with reporting requirements, or under an agreement to
				participate in a Department-led project for the purpose of developing or
				testing new methodologies or technologies to provide pertinent data with
				respect to the fisheries, are confidential data as provided by
				12 MRS
				§6173.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 5 - CONFIDENTIALITY OF FISHERIES STATISTICS › Section 188-5-20 - Access to Statistics

Current through 2024-29, July 17, 2024
A.
Authorized
				Department personnel
Statistics, which may reveal the identity of any dealer,
				  harvester, business, person or vessel, shall only be accessible to:
1. Department personnel responsible for the
				collection, processing and storage of the statistics;
2. Department personnel performing research
				that requires routine access;
3.
				Other Department personnel on a demonstrable need-to-know basis; and
4. Department contractors who require access
				in order to perform functions authorized by the state contract.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 5 - CONFIDENTIALITY OF FISHERIES STATISTICS › Section 188-5-30 - Release of Statistics

Current through 2024-29, July 17, 2024
A. The Commissioner
				shall not disclose to the public any statistics in other than aggregate or
				summary form. Disclosure as required by court order shall be made only after
				approval of the Attorney General.
1. Data,
				statistics, or information in aggregate or summary form means the combined data
				of three or more submitters. The data shall be assembled in such a manner as
				not to reveal the identity of any dealer, harvester, business, person or
				vessel.
2. When data is such that
				it cannot be provided in aggregate or summary form, then that data may only be
				released to the extent it is determined, by authorized Department staff, that
				its release will not reveal the identity of any dealer, harvester, business,
				person or vessel, or written permission for the release of the data has been
				obtained from the submitter(s).
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 6 - LOBSTER PROCESSING › Section 188-6-02 - Compliance

Current through 2024-29, July 17, 2024
A. These regulations apply to persons who
				hold a "Lobster Processor License" or "Lobster Processor Tails only License"
				pursuant to
				12 M.R.S.
				§6851-B or a "Lobster Meat Permit"
				pursuant to
				12 M.R.S.
				§6857.
B. Application and Fees
Each of the following is a one year license that expires on
				  March 31st, annually:
(1) The fee for a Lobster Processor License,
				established in accordance with
				12 M.R.S.
				§6851-B(2), is
				$500.00.
(2) The fee for a Lobster
				Processor Tails only License, established in accordance with
				12 M.R.S.
				§6851-B(2), is
				$159.00.
(3) The fee for a Lobster
				Meat Permit is $159.00, as provided in
				12 M.R.S.
				§6857(5).
Applications for a license or permit may be obtained from
				  the Department of Marine Resources, License Division, 21 SHS, Augusta, Maine
				  04333-0021; telephone: (207) 624-6550; or online at
www.maine.gov/dmr/index.htm
under "Licenses".
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 6 - LOBSTER PROCESSING › Section 188-6-03 - Restrictions & Prohibitions

Current through 2024-29, July 17, 2024
A. Lobster
				Processor License
A Lobster Processor License (LPL) authorizes a wholesale
				  seafood license with lobster permit holder to remove lobster tails and parts in
				  the shell from the lobster, only under the following conditions:
(1) The tails shall only be removed from
				lobster at the fixed facility name on the LPL.
(2) The tails shall only come from legal size
				lobster in accordance with
				12 M.R.S.
				§6431 or from oversize lobster as
				provided in
				12 M.R.S.
				§6431(6-B) as long as
				those oversize lobster are in conformance with the provisions of that law and
				the LPL license holder also holds a Lobster Import/Export permit in accordance
				with Chapter 25.75.
(3) Lobster
				parts: A Lobster Processor License holder may remove lobster parts in the shell
				other than the tail to be offered for sale. Other lobster parts include the
				carapace, claws, knuckles, legs and shells.
(4) Tail meat removed from the lobster shall
				remain whole and intact except as permitted by waiver in accordance with
				Chapter 6.03(A)(5). Tail meat removed from oversize lobster as provided in
				12 M.R.S.
				§6431(6-B) shall remain
				whole and intact, no waiver is allowed.
(5) Lobster Processing License - Waiver
The Commissioner may grant waivers in writing for specific
				  lobster products when requested in writing by Lobster Processor License
				  holders.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 7 - REQUIREMENTS FOR MUNICIPALITIES HAVING SHELLFISH CONSERVATION PROGRAMS › Section 188-7-10 - Definitions

Current through 2024-29, July 17, 2024
In addition to the definitions set forth in 12 M.R.S.
				  §6001, the following definitions shall apply in interpretation of Chapter
				  7.
1. "Shellfish" means shellstock
				clams (surf clams, razor clams and soft-shelled clams; 12 M.R.S. §6001(41)
				), quahogs other than mahogany quahogs, and oyster shellstock (12 M.R.S.
				§6601(6) ).
2. "Municipal
				Conservation Closures" means an area closed to shellfish harvesting by a
				municipality or regional program under a municipal ordinance and a municipal
				management plan, with permission from the Department, separate from the Growing
				Area classification, for specific reasons, such as, but not limited to,
				shellfish seeding, flat rotation or winter harvesting.
3. "Shellfish Management Plan" is a written
				description of the biological measures used to accomplish the management
				provisions in the municipal shellfish conservation ordinance, including but not
				limited to an annual review, budget, and objectives for the following
				year.
4. "Municipal Shellfish
				Conservation Ordinance" means a shellfish conservation program formally adopted
				by a municipality in accordance with 12 M.R.S. §6671(2) and (4) and
				follows the management provisions in accordance with 12 M.R.S. §6671(3).
5. "Municipal Shellfish Transplant
				Permit" means a permit issued to a municipality or regional program by the
				Department to possess undersized shellfish from areas classified as approved,
				conditionally approved, restricted, conditionally restricted or prohibited. The
				permit allows the municipality or regional program to possess undersized
				shellfish for the purpose of reseeding shellfish areas. In the absence of a
				permit, the harvesters and the municipal or regional program are in violation
				of 12 M.R.S. §6681.
6.
				"Period of issuance" means any twelve month period designated by the
				municipality, unless a municipality chooses to limit the number of licenses it
				issues in which case it shall mean the first 90 days during which a
				municipality issues shellfish harvest licenses each year.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 7 - REQUIREMENTS FOR MUNICIPALITIES HAVING SHELLFISH CONSERVATION PROGRAMS › Section 188-7-20 - Shellfish Management Plan

Current through 2024-29, July 17, 2024
1. Any municipality
				that implements a municipal shellfish conservation program as authorized under
				12 M.R.S. §6671, must, with the assistance of the Department of Marine
				Resources (Department), prepare and adopt a shellfish management plan which
				consists of:
A. A written statement of goals
				and objectives the municipality plans to achieve as a result of its
				conservation program; and
B. A
				description of the various conservation measures the municipality intends to
				employ to reach those goals. The measures may include but are not limited to
				licensing, limiting the number of shellfish harvesters, restricting the time
				(hours, days or portion of the year) and area where harvesting is permitted,
				limiting the minimum size of soft-shell clams, limiting the species or amount
				of shellfish taken daily by a license class of harvester, transplanting or
				seeding of shellfish, and protecting the resource from predators by fencing,
				trapping or other means.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 7 - REQUIREMENTS FOR MUNICIPALITIES HAVING SHELLFISH CONSERVATION PROGRAMS › Section 188-7-30 - Management Responsibilities

Current through 2024-29, July 17, 2024
Municipalities that have an approved Municipal Shellfish
				  Conservation Ordinance shall meet the requirements under 12 M.R.S. §6671
				  and the goals, objectives and conservation measures outlined in their Shellfish
				  Management Plan; and they must implement the requirements outlined in this
				  section. The municipality may appoint or elect a shellfish conservation
				  committee to assist the municipality in executing its responsibilities.
				  Municipal responsibilities include:
1.
				Establishing annually with approval from the Department at least 30 days prior
				to the period of issuance the number, type and fees of shellfish harvesting
				licenses to be issued using a Department-approved form.
2. Municipalities with an approved Shellfish
				Management Plan may be required to conduct resource surveys on a periodic basis
				of the commercially productive areas within the municipality classified as
				approved or conditionally approved, using Department-approved methods. The
				Department may require the municipality to conduct resource surveys prior to
				approving changes to their Municipal Shellfish Conservation Ordinance. The
				Department may also conduct resource surveys in lieu of or in conjunction with
				the municipalities.
3. Enforcing
				the municipal shellfish conservation ordinance by a Department certified
				Shellfish Warden including but not limited to requirements involving licensing
				and closures to shellfish harvest; and
4.
				 Submitting annually, on a Department approved form, by April
				1st, a complete and accurate Municipal Shellfish
				Management Plan Review, to the Department including the following information:
				statement of management goals and implementation actions, members of the
				shellfish committee or staff, shellfish committee meeting schedule,
				conservation credit information, summary of conservation closures/opening,
				summary of transplant activities, details on survey data, shellfish management
				activities undertaken, e.g. spat fall enhancement, predator controls, etc. and
				related expenses, number of shellfish harvest licenses sold, revenue from
				license sales and fines, funds raised or appropriated for shellfish management,
				and summaries of municipal wardens' activities for municipally managed
				areas.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 7 - REQUIREMENTS FOR MUNICIPALITIES HAVING SHELLFISH CONSERVATION PROGRAMS › Section 188-7-35 - Revocation of Municipal Shellfish Conservation Ordinance

Current through 2024-29, July 17, 2024
If a municipality violates or fails to enforce any provision
				  of Chapter 7 or of the approved Municipal Shellfish Conservation Ordinance, or
				  fails to meet Shellfish Management Plan objectives, the Commissioner may revoke
				  approval of the Municipal Shellfish conservation ordinance. Prior to such
				  revocation, the Commissioner shall give written notice to the municipality of
				  the violation or failure, by certified mail, and of the Department's intention
				  to revoke its approval and the basis for the revocation. The municipality has
				  30 days to respond in writing as to how it may correct the violation or failure
				  or may request a hearing on the matter in accordance with the following
				  paragraph.
The Commissioner shall advise the municipality it has the
				  right to request that an adjudicatory hearing be held before the Department in
				  conformity with 5 M.R.S., Chapter 375 subchapter IV prior to a making a final
				  decision whether to revoke approval. The hearing request must be in writing and
				  must be received by the Department no later than 10 days after receipt by the
				  municipality of the notice of the Commissioner's intent to revoke the approval
				  of that municipality's shellfish conservation ordinance.
If the Commissioner revokes their approval, the Municipal
				  Shellfish Conservation Ordinance shall, as of the date specified in the
				  Commissioner's revocation notice, no longer be in effect and the area shall
				  thereafter be governed by applicable state law and Department
				  regulation.