Chapter 7.     Requirements for Municipalities having Shellfish Conservation Programs

 

  SUMMARY:  This rule provides procedures to be used in developing and maintaining a municipal shellfish conservation program.

7.10      Definition 

Period of issuance:  For the purposes of this chapter PERIOD OF ISSUANCE shall mean 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 calendar year.

  7.20    Management Plan 

1.   Each Municipality that wishes to implement a shellfish conservation program as authorized under 12 M.R.S.A. §6671, must, with the assistance of the Department of Marine Resources, prepare and adopt a shellfish management plan which consists of: 

A.   A written statement of goals and objectives the municipality wishes to achieve as a result of its conservation program; and 

B.   A description of the various conservation measures the town intends to employ to reach those goals.  The measures may include but are not limited to such means as; 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 shellfish taken, limiting the species or amount of shellfish taken daily by a class of harvester, transplanting or seeding of shellfish, protecting the resource from predators by fencing, trapping or other means and controlling competing species.

2.   The plan must be approved by the department prior to the department's accepting for consideration a municipal shellfish management ordinance.

  7.30    Management Responsibilities 

Municipalities that wish to maintain the responsibility of shellfish management must actively and vigorously pursue a shellfish management program.  Toward that end the municipality may appoint or elect a shellfish conservation committee to assist the municipality in executing its responsibilities.  Municipal responsibilities include: 

1.   Establishing annually in conjunction with the department and at least 30 days prior to the period of issuance the number of shellfish digging licenses to be issued; 

2.   Reviewing annually the status of the resource using the results of clam flat, harvester or dealer surveys and other sources of information and preparing in conjunction with and subject to the approval of the department a plan for implementing conservation measures; 

3.   Enforcing any municipal shellfish conservation ordinance including those involving licensing and closures to shellfish harvest; and 

4.   Submitting annually a report to the department describing shellfish management activities undertaken and related expenses, number of shellfish harvest licenses sold, revenue from license sales and fines, funds raised or appropriated for shellfish management, production records or summaries of municipal wardens' activities for municipally managed areas, and funds requested for the coming fiscal year.

  7.40    Licensing of Shellfish Harvesters 

1.   The period of issuance for resident and nonresident licenses shall be the same. 

2.   Allocation of shellfish licenses among municipal residents and nonresidents shall be as established by the municipality and approved by the commissioner during the period of issuance. Licenses unsold during the period of issuance shall be made available to residents and nonresidents alike on a first come first serve basis or by lottery.

  7.50          Municipal Conservation Closures 

Prior to closing or opening an area of a municipality to shellfish harvesting the municipality shall review the status of the resource affected and secure the recommendation of the DMR area biologist and the approval of the Commissioner.

  7.60    Rescission of Approval 

If a municipality violates or fails to enforce any provision of this regulation or of the approved ordinance, the Commissioner may rescind his approval of that municipality's shellfish conservation ordinance and program.  Prior to such rescission, the Commissioner shall give written notice to the municipality of the violation or failure and of his intention to rescind his approval.  The notice shall designate a reasonable time period during which the municipality may correct the violation or failure or may request a hearing on the matter.  If a hearing is requested, the Commissioner shall provide the same prior to a making a final decision whether to rescind approval.  If the Commissioner rescinds his approval, the municipality's shellfish conservation ordinance and program shall, as of the date specified in the Commissioner's rescission notice, no longer be in effect and the area shall thereafter be governed by applicable state law and Department regulation.