reglab/statecodes huggingface dataset:
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 11 - SCALLOPS › Section 188-11-14 - Commercial Scallop License Limited Entry System

Current through 2024-29, July 17, 2024
1. Limited Entry Procedure:
A. The Department shall hold two annual
				lotteries for commercial scallop licenses, provided that the number of licenses
				to be awarded as determined by the respective exit ratios is greater than zero.
				One lottery will be held for scallop dragging licenses issued under 12 M.R.S.
				§
										6702 and one
				lottery will be held for handfishing scallop or handfishing with tender license
				issued under 12 M.R.S §
										6701.
B. Eligible individuals wishing to enter
				either lottery must submit a lottery application that must be received by the
				Department by the date specified by the Department, for licenses to be issued
				in the following calendar year.
C.
				An individual is eligible to enter either the scallop dragging license lottery
				or the scallop handfishing or handfishing with tender license lottery, but not
				both, if they meet the following criteria:
a.
				Is a Maine resident and 18 years of age or older;
b. Held in any previous calendar year or
				currently holds any commercial license issued under 12 M.R.S Part 9, or has in
				the past or currently is crewing onboard an active commercial scallop
				vessel;
c. Has not been convicted
				or adjudicated of a marine resources offense that resulted in a license
				suspension within the last 7 years; and,
d. Does not currently possess a license
				issued under 12 M.R.S. §
											6701 or §
											6702.
D. The number of draws (chances) allotted to
				each eligible applicant shall be calculated by the Department.
a. Each eligible applicant shall be awarded a
				minimum of one draw.
b. Each
				eligible applicant shall be awarded one additional draw for every consecutive
				year they enter each lottery.
E. Before the lotteries are held the
				Department shall calculate the number of licenses to be awarded for that
				calendar year, if any.
F. The
				Department shall choose individuals to whom licenses will be awarded through a
				random selection process. The drawing will continue until all available
				licenses have been awarded.
G. The
				Department will verify an applicant's eligibility for the lottery and any
				additional chances claimed at the time the individual is drawn. If it is
				determined that the individual misrepresented or falsified any information on
				their lottery application that drawing shall be void and the Department will
				draw another individual.
H. Once a
				list of winners has been determined, drawing will continue to establish an
				ordered list of alternates the same length as the list of winners.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 12 - MUSSELS › Section 188-12-01 - Nighttime Harvesting Prohibition

Current through 2024-29, July 17, 2024
In accordance with
				   12 M.R.S.A.
				  §6746-A it shall be unlawful to fish for
				  or take mussels (
Mytilus edulis
) by dragging between sunset (
				  12 M.R.S.A.
				  §6001(46) ) and sunrise
				  (
				  12 M.R.S.A.
				  §6001(45) ) within
				  Maine's territorial waters except the Commissioner may authorize the harvest of
				  seed mussels during those times. All requests for this exception must be made
				  to the Department in writing and permits which are granted will be in writing.
				  Any fishing activity not expressly authorized in the permit granted by the
				  Commissioner shall be a violation of this subsection and subject to prosecution
				  and or seizure.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 12 - MUSSELS › Section 188-12-02 - Drag Size Limit

Current through 2024-29, July 17, 2024
It shall be unlawful to fish for or take mussels with any one
				  combination of mussel drag(s) having an aggregate size in excess of 6 feet, 6
				  inches (6'6") in width (by measuring from the extreme outside edge on one side
				  to the extreme outside edge on the opposite side) in Maine's territorial
				  waters.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 12 - MUSSELS › Section 188-12-03 - Seed Mussel

Current through 2024-29, July 17, 2024
A. Except by permit
				issued by the Commissioner of the Department of Marine Resources, (see second
				exception) it shall be unlawful to possess, ship, transport, buy, or sell
				mussels which by numerical count contain more than 106 mussels per two-quart
				container. Mussels by numeric count greater than the above shall be considered
				seed mussel.
B.
Exception
				1.)
This section establishes that seed mussels are those which in a
				2-quart container would number no less than 106 by count. This method of
				measurement results in an average length of 2 inches or less. It is the intent
				of this regulation that seed mussels may not be landed and placed in the
				channels of trade, but may be harvested and transported by boat for purposes
				other than landing, such as for relaying to a lease site or other appropriate
				bottom. Subsection (A) shall not apply to mussels found in possession, shipped,
				or transported on the coastal waters of the State of Maine.
Exception 2.)
The Commissioner may issue a
				  permit allowing possession, shipment, transportation, buying, or selling
				  mussels which by numerical count contain more than 106 mussels per 2-quart
				  container, for the purpose of relaying by truck, specifically for placement on
				  a lease site or other appropriate bottom.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 12 - MUSSELS › Section 188-12-04 - Mussels Count and Tolerance

Current through 2024-29, July 17, 2024
A. The numerical
				count shall be determined by random sample from among the lot or bulk pile by
				randomly taking from various parts of the bulk pile or lot an amount equal to
				two quarts and then numerically counting same to determine the amount of
				mussels within the two-quart container.
B. Tolerance of 10%. A ten percent tolerance
				shall be applied to the 106 mussel count when determining a violation of
				section 12.03.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 12 - MUSSELS › Section 188-12-05 - Use of Seed Mussels

Current through 2024-29, July 17, 2024
Only mussels which meet the definition of seed mussels may be
				  placed on aquaculture lease sites granted under
				   12 M.R.S.A.
				  section6074.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 13 - WHELKS AND PERIWINKLES › Section 188-13-01 - Harvesting of Waved Whelk

Current through 2024-29, July 17, 2024
1. Definition:
				Whelk refers to waved whelk (
Buccinum undatum
).
2. It shall be unlawful to fish for or take
				whelk by any means other than a trap.
A. No
				more than three traps may be fished on a single line and buoy.
B. Each buoy and trap must be clearly marked
				with the Whelk Permit number following by the letter "W".
C. Each whelk trap must have an escape vent
				located in the bottom half of the trap. The vest shall measure not less than 1
				1/2 inches x 1 1/2 inches square or 1 1/2 inches in diameter, if circular.
Exception: A person who harvests whelks as a by-catch from
				  lobster traps is exempt from the 3-trap limit, the marking requirement and the
				  vent requirement of this regulation.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 13 - WHELKS AND PERIWINKLES › Section 188-13-20 - Harvesting of Periwinkles

Current through 2024-29, July 17, 2024
1. Definitions
A. "Periwinkle" means the common periwinkle
				of the genus
Littorina
.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 14 - OYSTERS › Section 188-14-01 - Definitions

Current through 2024-29, July 17, 2024
A. "European oyster" means animals of the
				species
Ostrea edulis
.
B. "American oyster" means animals of the
				species
Crassostrea virginica.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 14 - OYSTERS › Section 188-14-10 - European Oyster Harvesting Restrictions

Current through 2024-29, July 17, 2024
A.
Closed Season
It shall be unlawful to take, possess, ship, transport, buy
				  or sell European oysters from June 15 to September 15 of any year.
1.
Exceptions
Persons holding an aquaculture lease issued pursuant to 12
				  M.R.S.A. §6072, §6072-A or §6072-B, as provided in §6073-A
				  , and persons holding a limited-purpose aquaculture (LPA) license pursuant to
				  12 M.R.S.A. §6072-C , may harvest European oysters from an aquaculture
				  site from June 15 to September 15 of any year. Transportation, buying or
				  selling must be done in accordance with Chapters 9, 24 and 94.
A person shall not be in violation of Chapter 14.10(A) if
				  they are in possession of a bill of lading for the amount of European oysters
				  purchased from June 15 to September 15 of any year showing those oysters were
				  lawfully obtained from an origin outside the State of Maine and possess any
				  applicable license and permit in accordance with Chapter 24.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 14 - OYSTERS › Section 188-14-30 - American Oyster Harvesting Restrictions

Current through 2024-29, July 17, 2024
A.
Minimum Size
It shall be unlawful to take, possess, ship, transport, buy
				  or sell American oysters whose shells are less than 2.5 inches in the longest
				  diameter.
1.
Tolerance
Any person may possess American oysters that are less than
				  2.5 inches if they comprise less than 10% of any bulk pile. The tolerance is
				  determined by numerical count of not less than one peck nor more than 4 pecks
				  taken at random from various parts of the bulk pile or by a count of the entire
				  pile if it contains less than one peck.
2.
Exception
American oysters of smaller size may be taken or possessed by
				  persons holding an aquaculture lease issued pursuant to 12 MRS §6072,
				  §6072-A A, or §6072-B B, as provided by §6073-A or persons
				  holding a limited purpose aquaculture (LPA) license issued pursuant to 12 MRS
				  §6072-C C. Transportation, buying or selling and sanitation requirements
				  must be done in accordance with Chapters 24 and 94. This exception shall only
				  apply to American oysters cultivated in the leased or licensed
				  areas.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 14 - OYSTERS › Section 188-14-40 - Criteria for Issuing a Cultchless American Oyster License

Current through 2024-29, July 17, 2024
A. The Commissioner of the Department of
				Marine Resources may issue a license to grow and possess cultchless American
				oysters to the following:
1. Any person,
				firm, or corporation holding a valid aquaculture lease from the Department of
				Marine Resources for the purpose of growing cultchless American oysters;
				or
2. Any person, firm, or
				corporation who provides a bill of sale for seed American oysters, and other
				evidence satisfactory to the Commissioner proving an intent to grow cultchless
				American oysters in coastal waters.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 22 - RETAIL SHELLFISH › Section 188-22-01 - Enhanced Retail Seafood license holders - compliance

Current through 2024-29, July 17, 2024
A. Commingling of shellstock is
				prohibited.
B. Enhanced Retail
				Seafood license holders may not conduct wet storage activities. Wet storage of
				shellstock is prohibited, except by certified dealers pursuant to a current
				permit issued by the Department in accordance with Chapter 15.
C. Shellstock received by an enhanced retail
				seafood license holder shall be tagged with the harvester tag pursuant to
				Chapter 9.06 or certified dealer's tag pursuant to Chapter 15.18. All tags
				shall be maintained on file for 90 days and shall be kept in chronological
				order correlated to the date when, or dates during which the shellstock were
				sold or served, pursuant to the
Maine Food Code
3-203.12
				(Shellstock, Maintaining Identification). For reference, the
Maine Food
				Code
, 10-144 CMR Chapter 200 is available on the web at:
http://www.maine.gov/sos/cec/rules/10/144/144c200.docx
.
D. For purposes of this chapter the
				definitions in Chapter 15 shall apply.
E. Activities are limited to retail sales
				only from the enhanced seafood license holder's fixed facility. Interstate
				commerce is prohibited in accordance with
				12 M.R.S.
				§6601 sub-§ 2.
F. All enhanced retail seafood license
				holders will be inspected prior to license issuance and on a random
				basis.
G. An enhanced retail
				seafood license holder's establishment shall have a potable water supply from
				an approved source that meets the standards of Chapter 5 of the
Maine
				Food Code
("Water, Plumbing and Waste").
H. The Vibrio parahaemolyticus Control Plan
				(the "Vibrio Control Plan" or the "Control Plan") in Chapter 115 applies
				specifically to American and European Oysters (
Crassostrea
				virginica
and
Ostrea edulis
) and Hard Clams
				(
Mercenaria mercenaria
) harvested from the areas described in
				Chapter 115.02. The Control Plan provides additional and more rigorous controls
				than those imposed by DMR Rules Chapters 9, 15, 16, 17, 18, 19, 20 and 22 to
				the handling of American and European Oysters and Hard Clams in the affected
				areas. 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, 15, 16, 17, 18, 19, 20 and 22.
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, 15, 16, 17, 18, 19, 20 and 22.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 22 - RETAIL SHELLFISH › Section 188-22-02 - Receiving Shellfish

Current through 2024-29, July 17, 2024
A. The enhanced
				retail seafood license holder shall reject or discard any shellfish which:
1. Do not originate from a licensed harvester
				or dealer; and/or
2. Are
				unwholesome, inadequately protected or whose source cannot be
				identified.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 22 - RETAIL SHELLFISH › Section 188-22-03 - Prevention of Cross Contamination

Current through 2024-29, July 17, 2024
A. Shellstock
				shall be stored in a manner as to be protected from contamination.
B. If equipment has been used for a species
				other than shellfish it shall be washed, rinsed and sanitized prior to use for
				shellstock.
C. Shellstock shall not
				be placed into water.
D. Shellstock
				coolers shall not be used for storage of bait, other fish processing byproducts
				or refuse.
1. Only food grade product may be
				stored in the cooler physically separated from shellstock and
				shellfish.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 22 - RETAIL SHELLFISH › Section 188-22-04 - Records

Current through 2024-29, July 17, 2024
A. Each enhanced retail seafood license
				holder must maintain records pertaining to all shellfish purchases and
				shellfish shipments received. These records must be made available to the
				Department upon request and must comply with the following criteria:
1. Each enhanced retail seafood license
				holder shall have a business address at which records are maintained.
2. Records shall:
(a) Be complete, accurate and
				legible;
(b) Contain all of the
				Department's required information in a form authorized by the Department;
				and
3. The records must
				be sufficient to:
(a) Document that the
				shellstock was obtained from an authorized source (licensed harvester or
				certified dealer);
(b) Allow each
				container of shellstock to be traced back to the specific incoming lot of
				shellstock from which it was taken; and
(c) Allow for each lot of shellstock to be
				traced back to the growing area, date of harvest, and if possible, the
				harvester or group of harvesters.
4. Records shall be maintained in a
				permanently bound ledger book or other recording method approved by the
				Department.
5. The records shall be
				retained:
(a) For a minimum of one year for
				fresh shellstock and for a minimum of two years for frozen
				shellstock.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 22 - RETAIL SHELLFISH › Section 188-22-05 - Suspension, Revocation or Refusal to Reissue an Enhanced Retail Seafood License

Current through 2024-29, July 17, 2024
A.
Suspension
				or Revocation
1. The Commissioner may
				apply to the District Court for suspension of an enhanced retail seafood
				license where the holder has refused to allow a shellfish inspection or has
				violated a shellfish sanitation regulation. As provided by 12°M.R.S. §
				6373, the Commissioner may apply for suspension in a summary action before the
				district court pursuant to the provisions of
				4 M.R.S.
				§184.
2. The Commissioner may suspend an enhanced
				retail seafood license under
				12
				M.R.S. §6401 where the holder has been
				convicted of a violation of a marine resources law. The Commissioner shall
				follow the procedures set forth in
				12
				M.R.S. §§6351 to
				6353 to impose
				such a suspension.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 24 - IMPORTATION OF LIVE MARINE ORGANISMS › Section 188-24-01 - Definitions

Current through 2024-29, July 17, 2024
In addition to the definitions found in
				  1 M.R.S.A.
				  §72 and in
				  12 M.R.S.A.
				  §6001, the following definitions shall
				  apply in interpretation of these importation regulations, Chapter 24:
1.
"Active surveillance"
means
				laboratory testing which is conducted during the annual hatchery inspection and
				during spawning as outlined in Chapter 24.21(1)(E), 24.32(4), and
				24.34(4).
2.
"Approved
				quarantine facility"
means a facility that the Commissioner has
				determined is designed, built and operated in a manner that adequately prevents
				the introduction of pathogens of regulatory concern or the spread of disease
				into waters outside the facility.
3.
"Biosecurity"
means
				precautions taken to minimize the risk of introducing an infectious disease or
				harmful biological agent into an animal population.
4.
"Blue Book"
means "Bluebook
				Fish Health Section American Fisheries Society. Suggested Procedures for the
				Detection and Identification of Certain Finfish and Shellfish Pathogens (Blue
				Book 2007 Edition)". If a more recent edition is available, the more recent
				edition will be used.
5.
"Broodstock"
means reproductively mature aquatic animals that have
				been selected or used as part of a defined breeding program (See each species
				group for size definitions).
6.
"Chain of custody"
means procedures to account for the integrity
				of each specimen by tracking its handling and storage from point of specimen
				collection to final disposition.
7.
"Clinical"
means any visual
				signs of disease by gross external or internal examination.
8.
"Confidence level"
means the
				probability of detecting evidence of at least one infected marine organism
				within the population of marine organisms tested at an assumed prevalence level
				of the agent.
9.
"Cytopathic
				effect (CPE)"
means changes in viability, morphology, and/or metabolism
				of tissue culture cells used in disease surveillance as the result of an
				infective agent.
10.
"Finfish"
is defined as live fish, fish embryos, or fish gametes,
				but does not include aquarium species commonly sold in the pet store trade when
				raised or held in indoor aquaria with no direct discharge to waters of the
				State.
11.
"Fish culture
				facility"
means an establishment where finfish are raised or held live
				and in which the finfish or the rearing waters will come into contact with
				waters of the State.
A.
"Marine net-pen
				facility"
means a stationary, suspended, or floating system of nets or
				cages in open waters of the State and located within the boundaries of a lease
				granted by the Maine Department of Marine Resources.
B.
"Land-based facility"
means a
				facility located above the high tide mark that utilizes artificially created
				bodies of water for the purposes of rearing, improving, or holding freshwater
				or marine animals.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 24 - IMPORTATION OF LIVE MARINE ORGANISMS › Section 188-24-02 - Permit to Import American Lobsters

Current through 2024-29, July 17, 2024
Importation and introduction of American lobsters
				  (
Homarus americanus
) are allowed by blanket permit under these
				  regulations. No specific permit issued under § 24.05 is required for such
				  activity.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 24 - IMPORTATION OF LIVE MARINE ORGANISMS › Section 188-24-03 - Prohibited Activity

Current through 2024-29, July 17, 2024
It shall be unlawful to import for introduction or to
				  introduce any live marine organisms whether indigenous or nonindigenous,
				  without a permit issued by the Commissioner. It shall also be unlawful to
				  possess any live marine organism which has been imported for introduction or
				  introduced without a permit issued by the Commissioner.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 24 - IMPORTATION OF LIVE MARINE ORGANISMS › Section 188-24-04 - Aquatic Animal Health Technical Committee

Current through 2024-29, July 17, 2024
An Aquatic Animal Health Technical Committee (AAHTC) shall be
				  established jointly by the Commissioners of the Departments of Inland Fisheries
				  and Wildlife and the Department of Marine Resources to provide advice to
				  maintain optimum health among Maine's aquatic resources and to safeguard wild
				  and cultured organisms from the introduction or dissemination of infectious
				  organisms.
1.
Composition and
				Selection
The composition and selection of the Aquatic Animal Health
				  Technical Committee shall reflect the interdisciplinary expertise required to
				  address aquatic animal health issues. All members of the Aquatic Animal Health
				  Technical Committee shall be qualified fish health inspectors or qualified
				  professionals in the aquatic animal health field.
A. There shall be a total of three members
				representing the public resource agencies; the Maine Department of Inland
				Fisheries and Wildlife, the Maine Department of Marine Resources and the Maine
				Department of Agriculture, Conservation, and Forestry.
B. There shall be one member representing the
				United States Fish and Wildlife Service.
C. There shall be one member representing the
				National Oceanic and Atmospheric Administration - National Marine Fisheries
				Service (NOAA Fisheries).
D. There
				shall be one member representing the U.S. Department of Agriculture, Animal and
				Plant Health Inspection Service.
E.
				There shall be two members at large of which at least one shall be from
				academia.
F. There shall be two
				additional members with experience in commercial finfish culture.
G. There shall be two additional members with
				experience in commercial shellfish culture.
H. The chair shall be elected by a majority
				vote of the Aquatic Animal Health Technical Committee.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 24 - IMPORTATION OF LIVE MARINE ORGANISMS › Section 188-24-05 - Permit Application for Marine Organisms

Current through 2024-29, July 17, 2024
Any person who wishes to import for introduction or introduce
				  any marine organism or to possess any such organism, must apply for a permit
				  from the Commissioner. Application for a permit shall be submitted on forms
				  supplied by the Commissioner and shall contain all information required by the
				  Commissioner, including without limitation the following:
1. Name, address, e-mail home and business
				phone of the applicant;
2. Species,
				life cycle stage and quantity of marine organism to be imported or
				introduced;
3. Area of origin,
				including name and address of hatchery, if any;
4. Area of proposed import or introduction,
				including name and address of hatchery or culture facility, if any;
5. Date of proposed import or
				introduction;
6. Nature, duration
				and purpose of introduction;
7. If
				a nonindigenous species, an explanation of the known habitat and biological and
				behavioral characteristics of the species, as well as the effects on epifauna
				and associated organisms; and
8. A
				statement of examination by a state, federal or Department of Marine Resources
				approved aquatic pathogen detection facility indicating its findings and
				certifying that the marine organisms to be imported or introduced are free of
				any infectious or contagious disease agents or pests or parasites based on
				standard methods and techniques of pathogen detection.
In the alternative, if a person wishes to import or
				  introduce any marine organism that is unable to be certified as free of one or
				  more pathogens of regulatory concern, the applicant must provide a description
				  of the proposed quarantine facility to allow the Commissioner to determine
				  whether or not the quarantine facility will adequately prevent the introduction
				  of pathogens of regulatory concern into waters outside the quarantine
				  facility.
9. A valid fish
				health inspection report issued by a fish health inspector which meets the
				requirements of these regulations and any applicable Northeast Fish Health
				Committee Guidelines.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 24 - IMPORTATION OF LIVE MARINE ORGANISMS › Section 188-24-06 - Permit Application for Shellfish Used as Broodstock in Hatcheries

Current through 2024-29, July 17, 2024
Any person who wishes to import or introduce any live
				  shellfish for use as broodstock in a shellfish hatchery or to possess any such
				  shellfish must apply for a permit from the Commissioner. Applications shall
				  contain all information required by the Commissioner including without
				  limitation the information required by 24.05 1 through 7 and a description of
				  the physical facilities and production protocols associated with the quarantine
				  of broodstock required by Section 24.07. Permits may be issued annually. A
				  permit may allow the importation of single or multiple lots of shellfish for
				  use as broodstockn shellfish hatcheries from the area(s) designated in the
				  permit during the period the permit is valid.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 24 - IMPORTATION OF LIVE MARINE ORGANISMS › Section 188-24-07 - Requirements for Shellfish Held as Broodstock

Current through 2024-29, July 17, 2024
Any person issued a permit under 24.06 shall hold such
				  broodstock in an approved quarantine facility within the hatchery. Effluent
				  from hatchery tanks or other equipment holding broodstock must be treated by
				  chlorination to achieve a free chlorine concentration of at least 50 parts per
				  million at least two (2) hours after application prior to discharge. Daily
				  records shall be maintained regarding the use of the chlorination treatment
				  system that indicate the time and date of chlorine application and include
				  chlorine test papers used to test results.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 24 - IMPORTATION OF LIVE MARINE ORGANISMS › Section 188-24-10 - Permit Issuance Criteria for Shellfish

Current through 2024-29, July 17, 2024
1. The
				Commissioner may grant a permit to import for introduction or introduce
				shellfish, or to possess such shellfish, only if the Commissioner finds to a
				reasonable degree of certainty that those actions will not endanger the
				indigenous marine life or its environment.
2. In determining whether to issue a permit
				the Commissioner shall consider the probable effects of the introduction of the
				shellfish into the recipient area, including, but not limited to:
A. The effects of any previous introduction
				of the same or a similar species in Maine or other areas;
B. The relationship of the species of marine
				organism to be introduced with other members of the recipient area ecosystem;
				and
C. The potential effects of
				infectious or contagious diseases, pests or parasites that might be associated
				with the species of marine organism to be introduced upon other members of the
				ecosystem of the recipient area.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 24 - IMPORTATION OF LIVE MARINE ORGANISMS › Section 188-24-15 - Permit Issuance Criteria for Marine Organisms Other than Shellfish

Current through 2024-29, July 17, 2024
1. The Commissioner may grant a permit to
				import for introduction or introduce any marine organism other than shellfish,
				or to possess such an organism, only if he finds to a reasonable degree of
				certainty that those actions will not endanger the indigenous marine life or
				its environment.
2. In determining
				whether to issue a permit, the Commissioner shall consider the potential
				effects of the introduction of the marine organism into the recipient area,
				including, but not limited to:
A. The effects
				of any previous introduction of the same or a similar species into the State of
				Maine or the effects of any previous introduction of the same or a similar
				species into similar ecosystems elsewhere;
B. The relationship of the species of marine
				organism to be introduced with other members of the recipient area ecosystem;
				and C. The effects of infectious or contagious diseases, pests or parasites
				which might be associated with the species of marine organism to be introduced
				upon other members of the ecosystem of the recipient area.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 24 - IMPORTATION OF LIVE MARINE ORGANISMS › Section 188-24-16 - Finfish Control

Current through 2024-29, July 17, 2024
1.
Definitions
:
A.
"Lot"
means the following:
(1) A
				lot for size groups 1, 2, and 3 (non-brood facilities) is defined as fish of
				the same species and age that originated from the same spawning stock and have
				shared a common water supply continuously throughout their life history. For
				the purposes of marine fish species that spawn over an extended period of time,
				a lot will comprise fish that were produced over the course of six months. See
				each species section for size group definitions.
(2) A lot for size group 4 is defined as fish
				of the same species that originated from the same spawning stock and share a
				common water supply, but several age groups (e.g., 3, 4, and 5 year old brood
				fish) may be combined to form a representative composite lot for
				sampling.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 24 - IMPORTATION OF LIVE MARINE ORGANISMS › Section 188-24-20 - Hearing

Current through 2024-29, July 17, 2024
A hearing on a permit application is not required except that
				  a hearing shall be required where an applicant requests permission to import
				  for introduction, introduce, or possess a nonindigenous species which has not
				  been introduced previously under a Department of Marine Resources
				  permit.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 24 - IMPORTATION OF LIVE MARINE ORGANISMS › Section 188-24-21 - Salmonid Fish Health Inspection Regulations

Current through 2024-29, July 17, 2024
1.
Inspection Regulations
A.
Prohibited Activity
(1) Except as provided in this subsection, it
				is unlawful to transfer salmonid finfish to any fish culture facility in Maine
				or stock salmonid finfish into the coastal waters of Maine that do not meet the
				requirements of these rules.
The Commissioner may, at his discretion and in consultation
				  with the AAHTC, issue a permit to import or transfer finfish from sources or
				  facilities that do not meet the requirements of these rules to an approved
				  quarantine facility. Transfer from an approved quarantine facility, or a change
				  in operation to that which is less biosecure, may be permitted if post-import
				  testing provides satisfactory evidence of freedom from those pathogens of
				  regulatory concern for which evidence of freedom was not satisfied at the time
				  of import.
(2) No
				clinically diseased salmonid finfish shall be introduced into the coastal
				waters of Maine.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 24 - IMPORTATION OF LIVE MARINE ORGANISMS › Section 188-24-23 - Salmon Racks Prohibited

Current through 2024-29, July 17, 2024
It is unlawful to introduce into the coastal waters of Maine
				  any dead salmonid fish species or salmon remains, parts or viscera.
A.
Exception
.
This section shall not apply to commercially prepared salmon
				  eggs used for bait.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 24 - IMPORTATION OF LIVE MARINE ORGANISMS › Section 188-24-30 - Marine Fish Health Inspection Regulations

Current through 2024-29, July 17, 2024
1.
Prohibited Activity
A. Except as
				provided in this subsection, it is unlawful to transfer marine finfish to any
				fish culture facility in Maine or stock marine finfish into the coastal waters
				of Maine that do not meet the requirements of these rules.
The Commissioner may, at his discretion and in consultation
				  with the AAHTC, issue a permit to import or transfer finfish from sources or
				  facilities that do not meet the requirements of these rules to an approved
				  quarantine facility. Transfer from an approved quarantine facility or a change
				  in operation to that which is less biosecure, may be permitted if post-import
				  testing provides satisfactory evidence of freedom from those pathogens or
				  regulatory concern for which evidence of freedom was not satisfied at the time
				  of import.
B. No clinically
				diseased finfish shall be introduced into the coastal waters of
				Maine.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 24 - IMPORTATION OF LIVE MARINE ORGANISMS › Section 188-24-32 - Gadids (Fish in the family Gadidae)

Current through 2024-29, July 17, 2024
A.
"Production stock"
means Gadid fish of size groups 1, 2 and
				3.
B.
"Size Groups"
means:
"Size Group 1": Larval period and juvenile size range of
				  <= 4 cm in length.
"Size Group 2": Juvenile >= 4 cm in length and
				  yearlings.
"Size Group 3": Production fish greater than one year
				  old.
"Size group 4": Fish set aside to be used as broodstock upon
				  maturity.
2.
Pathogen list for
				Gadids
A. Exotic pathogens include:
IHNV Infectious Hematopoietic Necrosis Virus
VHSV Viral Hemorrhagic Septicemia Virus
IsaV-DEL Infectious Salmon Anemia virus (HPR-deleted
				  variants)
GID
Francisella species
- granulomatous
				  inflammatory disease
La02[BETA]
Listonella (Vibrio) anguillarum
serotype and 02 beta
OTHER Any agent not detected in Maine as of the effective
				  date of these rules that produces a cytophathic effect in cell culture during
				  inspection.
B.
				Endemic/Limited Distribution pathogens include:
IPNV Infectious Pancreatic Necrosis Virus
ISAV-HPR0 Infectious Salmon Anemia Virus (HPR-deleted
				  variants)
BF Furunculosis (
Aeromonas salmonicida
)
				  typical and atypical
Nodavirus: VERV (viral encepathalopathy and retinopathy) or
				  also referred to as VNNV (viral nervous necrosis virus)
Loma
Loma branchialis
(
syn. L.
				  morhua
.)
OTHER Any agent that produces a cytopathic effect in cell
				  culture during inspection.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 24 - IMPORTATION OF LIVE MARINE ORGANISMS › Section 188-24-34 - Pleuronectids (fish in the family Pleuronectidae)

Current through 2024-29, July 17, 2024
1.
Definitions
For the purposes of these rules the following terms have the
				  following meanings:
A. "Size Groups"
				means:
"Size Group 1": Larval period and juvenile size range of
				  <= 4 cm in length.
"Size Group 2": Juvenile >= 4 cm in length and
				  yearlings.
"Size Group 3": Production fish greater than one year
				  old.
"Size Group 4": Mature fish or fish set aside to be used as
				  broodstock upon maturity.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 24 - IMPORTATION OF LIVE MARINE ORGANISMS › Appendix 188-24-A

Current through 2024-29, July 17, 2024
(Molluscan bivalves)
Key:B = Benign; U = Unknown; PD = Potentially Dangerous; D =
				  Dangerous; P = Pest
Status of Seriousness
Diseases
Geographic Zones
States
AMERICAN OYSTERS
(
C.
								virginica
)
(U)B
Viral gametocyte hypertrophy
Entire East & Gulf Coasts
D
Herpesvirus (hemocytic)
CGM
ME
B
Chlamydia-Rickettsia Disease
Entire east coast
B
(in ducts and stomach)
Entire east coast
B
(in tubules)
Entire east coast
(U)PD
Actinomycosis
CSN, DB
NY, NJ
D
Perkinsus marinus
DB, CB, PS (Entire Estuaries east & Gulf
								Coast)
NJ, DE, MD,
VA, NC
D
Haplosporidium nelsoni (MSX)
CSN, DB, DE, CMA
NJ, NY, DE,
CGM*
MD, VA, ME
Marsh River, ME
*Wellfleet, MA
D
Minchinia costalis
(SSO)
CGM, CSN, CMA
High salinity estuaries of entire
								northeast
B
Nematopsis
								ostrearum
All Atlantic & Gulf coasts
B
Ancistrocoma
-like
								ciliates
All Atlantic & Gulf coasts
B
Sphenophrya
-like
								ciliates
All Atlantic & Gulf coasts
B
Hexamita
sp.
All Atlantic & Gulf coasts
(U)P
Turbellaria
CSM, CGM
NY, MA, ME
All but ME
P
Bucephalus cuculus
CB, DB, PS, CMA
CSM, CGM?
P
Nematode infections
CB, PM, DB
PD
Malignant neoplasia
All east coast
P
Gill Turbellarian
CGM
Canada
D
Malpeque Bay disease
Canada (Gulf of St. Lawrence)
SOFT-SHELL CLAMS
(
Mya
								arenaria
)
D
Viral hematopoietic neoplasia
CGM, CSN
B
Chlamydia
All Northeast
PD
Perkinsus
sp.
CB, CSN
MD, RI
B
Ciliates
All Northeast
U
Pseudoklossia
kidney
								gregarine
CSN, CGM
P
Bucephalus
sp.
Unknown
U
Gill dysplasia
Entire coast
PD
Gonadal neoplasia
CGM
Searsport, ME
Dennys ville, ME
B
P
B
U
PD
P
D
U
HARD-SHELLED CLAMS
(
Mercanaria
								mercenaria)
Chlamydia
Trematode
Ciliates
Arrested gametogenesis
Chitried fungus
BAY SCALLOPS
(
Aequipecten
								irradians
Microsporidan
Kidney gregarine
								(
pseudoklossia
)
Entire northeast
CSN
Entire range
CSN
Eastern Canada
GMA
CSN
NJ
RI
MA
MA, CT
BLUE MUSSELS
(
Mytilus
								edulis
B
Chlamydia
Entire coast
U
Bacterial disease of plycate org:
an CMA, CNS
PD
Haplosporidan
CGM
ME
U
Pseudoklossia
sp. in
								kidney
CSN, CGM
MA, ME
B
Steinhusia
in ova
CSN
RI
B
Ciliates
Entire range
P
Trematode redia
CGM, CSN, CMA
P
Trematode metacercariae
Gymnophallus
								bursicola
CGM, CSM, CMA
P
Copepod
CGM
ME
P
Pinnotheres
								maculatus
CSN, CGM
ME
PD
Mytilicola
								intestinalis
Europe
U
Haematopoietic neoplasm
UK
D
Mytilicola
								orientalis
US West coast
SEA SCALLOPS
(Placopecten
								magellanicus)
PD
Abscesses
CGM
ME
U
Fungus
ME
(Sheepscot River
EUROPEAN OYSTERS
(
Ostreia
								edulis
D
Mytilicola
								orientalis
West coast of US, France
U
Haematopoietic neoplasm
France
D
Shell disease (fungus)
European Atlantic coast Canada (Maritime
								provinces)
D
Minchinia
								armoricana
France, Netherlands
D
Martiella
								refringens
France
D
Rickettsia
France
D
Bonamia ostreae
France, Denmark, Netherlands
PD
Herpes-like virus
Wales, GB
D
Microcell disease
California, Connecticut
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 24 - IMPORTATION OF LIVE MARINE ORGANISMS › Appendix 188-24-B

Current through 2024-29, July 17, 2024
(Finfish)
Quick Reference Disease and Pathogen
				  Table
Abbreviation
Pathogen
Disease
Gadids
Halibut
Salmonids
Last Updated
BF
Aeromonas salmonicida
Furunculosis
Reportable
Reportable
Reportable
2009
BKD
Renibacterium salmoninarium
Bacterial Kidney Disease
N/A
N/A
Reportable
2009
BR
Yersinia ruckeri
Enteric Redmouth
N/A
N/A
Reportable
2009
CS
Ceratomyxa shasta
Ceratomyxosis
N/A
N/A
Exotic
2009
GID
Francisella species
Granulomatous inflammatory disease
Exotic
Exotic
N/A
2009
IHNV
Infectious Hematopoietic Necrosis Virus
Infectious Hematopoietic Necrosis (IHN)
Exotic
Exotic
Exotic
2009
IPNV
Infectious pancreatic necrosis virus
Infectious pancreatic necrosis virus
Reportable
Reportable
Reportable
2009
ISAV
Infectious salmon anemia virus
Infectious Salmon Anemia (ISA)
Exotic
Exotic
Exotic
2009
La02ß
Listonella (Vibrio) anguillarum serotype 02 ß
Vibriosis
Exotic
Exotic
Exotic
2009
Loma
Loma branchialis (syn. L. morhua.)
Loma
Reportable
Reportable
Non-reportable
2009
Nodavirus
Nodavirus or also referred to as VNNV (viral nervous
							 necrosis virus)
VERV (viral encepathalopathy and retinopathy virus) or
							 also referred to as VNNV (viral nervous necrosis virus)
Reportable
Reportable
N/A
2009
OMV
Oncorhyncus masou virus
Onchorhyncus masou (Herpesvirus salmonis)
N/A
N/A
Exotic
2009
PKD
PKX unclassified myxozoan
Proliferative kidney disease
N/A
N/A
Exotic
2009
SPDV
Salmonid pancreatic disease virus
Salmonid pancreatic disease
N/A
N/A
Exotic
2009
VHSV
Viral hemorrhagic septicemia virus
Viral hemorrhagic septicemia
Exotic
Exotic
Exotic
2009
WD
Myxobolus cerebralis
Whirling disease
N/A
N/A
Exotic
2009
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 25 - LOBSTER AND CRAB REGULATIONS › Section 188-25-01 - Lobster Fishing in Waters Adjacent to Criehaven

Current through 2024-29, July 17, 2024
The waters around the Island of Criehaven within the
				  following described limits: beginning at the southern end of Hogshead,
				  so-called, running west by north 2 nautical miles, thence, southwest by south 3
				  1/2 nautical miles, thence, east, southeast 3 nautical miles, thence, northeast
				  3 nautical miles, thence to the first mentioned bound, shall be closed or
				  opened to lobster fishing whenever a majority of the lobster fishermen at
				  Criehaven so petition the Commissioner.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 25 - LOBSTER AND CRAB REGULATIONS › Section 188-25-03 - Taking of Lobsters in York River

Current through 2024-29, July 17, 2024
No person shall catch, take or trap lobsters in York River,
				  York County, from its source to a line running from Rock's Nose, so- called, to
				  the red painted rock on Stage Neck, so-called, on the opposite
				  shore.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 25 - LOBSTER AND CRAB REGULATIONS › Section 188-25-04 - Lobster Trawl Limits

Current through 2024-29, July 17, 2024
A.
Casco
				Bay
It shall be unlawful to have on any trawl more than 12
				  lobster traps in waters within the following area: Starting at Martin Point,
				  Portland; southeasterly to the northern end of House Island, Portland; thence
				  southeasterly to the northeast point of White Head, Cushing Island, Portland;
				  thence easterly to the southwest point of outer Green Island; thence easterly
				  to the light at Halfway Rock; thence northwesterly to the Green Island Ledge
				  Buoy; thence northwesterly to Parker Point, Yarmouth.
B. It is unlawful to have on any trawl more
				than 3 lobster traps in the following areas:
1.
West of Cape Elizabeth and east of
				Kittery
. Westerly of a line drawn from the active lighthouse at Two
				Lights in Cape Elizabeth to 43° 31.52'N, 070° 08.4' W continuing in a
				straight line to the point of intersection
				with the 3-nautical-mile line, and northerly and easterly of a line running
				between the Kitts Rocks Whistle Buoy and the West Sister Buoy and extending
				westerly to the New Hampshire border, and from the West Sister Buoy to the
				Murray Rock Buoy and thence to and through the lighthouse on Boone Island and,
				continuing in a straight line, to the point of intersection with the
				3-nautical-mile line;
2.
Between Pemaquid and Robinson's Points
. Between the following
				lines:
A. Beginning at a point 48 miles true
				north of the lighthouse on Pemaquid Point, Lincoln County; thence true south
				through the lighthouse to a point of intersection with the 3-nautical-mile
				line; and
B. Beginning at a point
				40 miles true north from the lighthouse at Robinson's Point, Isle au Haut, Knox
				County; thence true south through the lighthouse to a point of intersection
				with the 3-nautical-mile line;
3.
Off Hancock County and within the
				following areas
. Beginning at the
Southern tip of Schoodic Point at 44° 19.900' N and
				  068° 03.609' W; proceeding in a southeasterly direction along the Zone A/B
				  line to its intersection with the "three mile line" at 44° 16.45' N,
				  68° 2.24' W; thence running in a southwesterly direction along the "three
				  mile line", as described in DMR Chapter 75.01 A-8, to its intersection with the
				  lobster Zone B/C line at 44° 1.994' N and 68° 28.581' W thence; thence
				  following the B/C line to latitude 44° 01.376' N and 068° 28.396' W;
				  thence running west to the point of intersect with the line described in
				  subsection
				  2, paragraph B; and then following that
				  line north to its point of origin 40 miles true north of the lighthouse at
				  Robinson's Point, Isle Au Haut, Knox County
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 25 - LOBSTER AND CRAB REGULATIONS › Section 188-25-05 - Lobster Trap Removal

Current through 2024-29, July 17, 2024
Summary
:* This regulation established the
				  procedure for removal of traps, warps, buoys or cars that are washed up above
				  the mean low water mark or are otherwise abandoned or lost pursuant to 12
				  M.R.S.A. §
									6434.
1. A lobster trap, car, buoy or warp may be
				moved or removed from the waters or shores of the state for the purpose of
				returning the lobster gear to the licensed owner or properly disposing of
				lobster gear by any person who has written permission from a Marine Patrol
				Officer. Any person who wants to obtain written permission to remove the above
				described gear must contact the Department in advance of removal. Such written
				permission shall include amount and type of gear, license number, (if
				available), and final destination of said gear.
2. Any person who possesses traps, warps,
				buoys or cars and is not a Marine Patrol Officer, the licensed owner or someone
				with written permission from the licensed owner or a Marine Patrol officer,
				shall be in violation of 12 M.R.S.A. §
									6434.