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State of Maine

13
Department of Marine Resources

1999-2000 Regulatory Agenda


UMBRELLA-UNIT NUMBER: 13-188
AGENCY: Department of Marine Resources
CONTACT PERSON: Laurice Churchill, Regulations Officer, 21 State House Station, Augusta, ME 04333-0021 Tel: (207) 633-9584

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA:

CHAPTER 10: Clams and Quahogs - Emergency
STATUTORY AUTHORITY: 12 MRSA Sections 6171 and 6171-A
PURPOSE: Implementation of emergency rules, repeal of rules replaced by laws and corrections based on rules review for errors and inconsistencies.
EFFECTIVE DATE OF ADOPTED RULE: June 12, 1999 (Ch. 10.10)
AFFECTED PARTIES: Clam and Quahog harvesters

CHAPTER 32: Eels - Emergency
STATUTORY AUTHORITY: 12 MRSA Sections 6171 and 6171-A
PURPOSE: Implementation of emergency rules, repeal of rules replaced by laws and corrections based on rules review for errors and inconsistencies.
EFFECTIVE DATE OF ADOPTED RULE: (32.11) March 24, 1999
AFFECTED PARTIES: Commercial and recreational eel fishermen

CHAPTER 45: Shrimp - Emergency
STATUTORY AUTHORITY: 12 MRSA Section 6171
PURPOSE: To set the shrimp season for the harvest year 1998-99.
EFFECTIVE DATE OF ADOPTED RULE: (45.05) December 1, 1998
AFFECTED PARTIES: The commercial shrimp fleet and the wholesale and retail seafood industry


EXPECTED 1999-2000 RULE-MAKING ACTIVITY:

CHAPTER 2: Aquaculture
STATUTORY AUTHORITY: 12 MRSA Section 6072
PURPOSE: Codification of the code of containment. To provide compliance with salmon conservation plan and industry initiatives.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Aquaculture industry

CHAPTER 2: Aquaculture
STATUTORY AUTHORITY: 12 MRSA Section 6072
PURPOSE: Increase the cap for total acreage of aquaculture leases that can be held by one person from 150 to 250 acres.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Aquaculture industry

CHAPTER 3: Foreign Fish Processing Within the State of Mainežs Internal Waters
STATUTORY AUTHORITY: 12 MRSA Section 6171
PURPOSE: Clarification. This chapter currently contains the language on procedures to be used in the certification, recertification, revocation of certification of Municipal Shellfish. Conservation Wardens. This language needs to be moved into Chapter 4
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Municipalities with shellfish conservation programs, Municipal Shellfish Conservation Wardens, shellfish harvesters

CHAPTER 4: Procedures for Certification, Recertification, Revocation of Certification for Municipal Shellfish Conservation Wardens
STATUTORY AUTHORITY: 12 MRSA Section 6671
PURPOSE: Provides procedures to be used in the certification, recertification, revocation of certification of Municipal Shellfish Conservation Wardens.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Municipalities with shellfish conservation programs, Municipal Shellfish Conservation Wardens, shellfish harvesters

CHAPTER 5: Confidentiality of Fisheries Statistics
STATUTORY AUTHORITY: 12 MRSA Section 6071
PURPOSE: Section 5.40 Identification and Tagging of Shellfish relocated into Chapter 15 General Shellfish Sanitation and Depuration.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Licensed shellfish harvesters

CHAPTER 6: Lobster Tail Permit Holders
STATUTORY AUTHORITY: 12 MRSA Section 6171
PURPOSE: Chapter 6 will be amended for the Marine Resources laws to provide for
regulation of lobster tail portions.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Wholesale seafood license holders

CHAPTER 10: Clams and Quahogs
STATUTORY AUTHORITY: 12 MRSA Section 6171
PURPOSE: Amendments to quahog permitting and reporting requirements to be consistent with the federal management plan under Amendment 10.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Quahog harvesters

CHAPTER 10: Clams and Quahogs
STATUTORY AUTHORITY: 12 MRSA Sections 6171 and 6171-A
PURPOSE: Implementation of emergency rules, repeal of rules replaced by laws and corrections based on rules review for errors and inconsistencies.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Clam and Quahog harvesters

CHAPTER 10: Clams and Quahogs
STATUTORY AUTHORITY: 12 MRSA Section 6171
PURPOSE: Amendments to size restrictions.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Clam and Quahog harvesters and aquaculturists

CHAPTER 11: Scallops
STATUTORY AUTHORITY: 12 MRSA Sections 6171 and 6856
PURPOSE: Based upon the outcome of pending research the prohibition on whole scallops is anticipated to be updated to allow availability of the product.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Scallop fishermen

CHAPTER 11: Scallops
STATUTORY AUTHORITY: 12 MRSA Sections 6171 and 6856
PURPOSE: Regulations based upon the outcome of an importation hearing findings for bay scallops.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Aquaculturists, scallop harvesters

CHAPTER 11: Scallops
STATUTORY AUTHORITY: 12 MRSA Section 6171-A
PURPOSE: Chapter 11 may be amended to prevent gear conflicts between lobster and scallop fishermen.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Commercial lobster and Scallop fishermen

CHAPTER 11: Scallops
STATUTORY AUTHORITY: 12 MRSA Sections 6171 and 6171-A
PURPOSE: Implementation of emergency rules, repeal of rules replaced by laws and corrections based on rules review for errors and inconsistencies.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Scallops harvesters

CHAPTER 12: Mussels
STATUTORY AUTHORITY: 12 MRSA Section 6171
PURPOSE: Amendments to size restrictions and seed mussel conservation areas.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Aquaculturists

CHAPTER 14: Oysters
STATUTORY AUTHORITY: 12 MRSA Section 6863-2
PURPOSE: To provide guidelines for the aquaculture of oysters.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Aquaculturists

CHAPTER 15: General shellfish sanitation and depuration provisions
CHAPTER 16: Uniform physical plant equipment and operation requirement
CHAPTER 17: Shucker-packers
CHAPTER 18: Shellfish reshippers
CHAPTER 19: Shellstock shipper
CHAPTER 20: Controlled depuration
CHAPTER 21: Relaying
STATUTORY AUTHORITY: 12 MRSA Section 6856
PURPOSE: Outlines the requirements for all shellfish operations and protects the health and safety of the consumer by preventing the sale and distribution of shellfish that are unsafe for human consumption.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Shellfish dealers, harvesters and consumers

CHAPTER 22: Shellfish culture in closed areas
STATUTORY AUTHORITY: 12 MRSA Section 6856 and 5 MRSA Section 9051
PURPOSE: Establish the conduct of shellfish culture in closed areas and the transfer of shellfish from closed areas to open areas for the purpose of relaying and transfer.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Shellfish dealers, aquaculturists

CHAPTER 24: Importation of Live Marine Organisms
STATUTORY AUTHORITY: 12 MRSA Section 6071
PURPOSE: Chapter 24 will be amended to prevent the introduction of infectious or contagious type organisms that pose a danger to indigenous marine life or its environment.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Any person seeking an importation permit

CHAPTER 24: Restrictions on the importation of salmonid racks for bait
STATUTORY AUTHORITY: 12 MRSA Section 6071
PURPOSE: A precautionary measure to prevent the introduction of disease.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Salmon processors, lobster industry

CHAPTER 24: Importation of live marine organisms
STATUTORY AUTHORITY: 12 MRSA Section 6071
PURPOSE: To have regulation coincide with revised fish health guidelines. To update shellfish guidelines for wild and aquaculture industry.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: The aquaculture industry

CHAPTER 25: Lobster and Crab
STATUTORY AUTHORITY: 12 MRSA Sections 6171 and 6431(E)(4)
PURPOSE: Establish rules to implement and administer the requirements of holders of lobster fishing licenses who must own or control the vessel from which they conduct authorized activities.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Lobster harvesters

CHAPTER 25: Lobster and Crab
STATUTORY AUTHORITY: 12 MRSA Sections 6171 and 6171 (2-A)
PURPOSE: Set the annual Monhegan Island Lobster Conservation Area (MILCA) season (1999 -2000).
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Lobster harvesters registered in the MILCA.

CHAPTER 25: Lobster and Crab
STATUTORY AUTHORITY: 12 MRSA Sections 6446 and 6447
PURPOSE: To adopt lobster trap limits, number of traps per trawl and the time periods allowed for complying with the trap limit and the time of day when fishing may occur as established by lobster management zones referendum on policy proposals.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Present and future lobster harvesters

CHAPTER 25: Lobster and Crab
STATUTORY AUTHORITY: 12 MRSA Section 6448(2)
PURPOSE: License entry eligibility requirements per zone.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Present and future lobster harvesters

CHAPTER 25: Lobster and Crab
STATUTORY AUTHORITY: 12 MRSA Section 6171
PURPOSE: To comply with the Atlantic States Marine Fisheries Commission Amendment #3 to the Interstate Fishery Management Plan for Lobster.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Present and future lobster harvesters

CHAPTER 25: Lobster and Crab
STATUTORY AUTHORITY: 12 MRSA Sections 6171 and 6171-A
PURPOSE: Implementation of emergency rules, repeal of rules replaced by laws and corrections based on rules review for errors and inconsistencies.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Present and future lobster harvesters

CHAPTER 25: Lobster and Crab
STATUTORY AUTHORITY: 12 MRSA Section 6446
PURPOSE: Resolve boundary line disputes.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Present and future lobster harvesters

CHAPTER 26: Sea urchin harvesting season
STATUTORY AUTHORITY: 12 MRSA Sections 6749-W and 6749-V
PURPOSE: The commissioner may amend the season to reallocate the days available for fishing, or to reflect spawning conditions. Designate the open days for the sea urchin fishery in Zones 1 and 2.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Sea urchin harvesters, buyers, processors

CHAPTER 26: Design requirements for sea urchin drags
STATUTORY AUTHORITY: 12 MRSA Sections 6748-C and 6171
PURPOSE: To minimize damage to habitat by sea urchin drags.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Sea Urchin harvesters

CHAPTER 26: Logbooks for buyers and processors
STATUTORY AUTHORITY: 12 MRSA Sections 6749-S, 6749-W(1) and 6749-X(1)
PURPOSE: To establish logbooks for buyers and processor, reporting requirements and zone council membership changes.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Sea urchin harvesters, buyers, processors

CHAPTER 27: Sea cucumbers
STATUTORY AUTHORITY: 12 MRSA Sections 6171 and 6171-B(6)
PURPOSE: Establish emerging fishery requirements: access permits, endorsements, reporting requirements and conservation measures.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Sea cucumber harvesters, buyers, processors

CHAPTER 30: Alewives
STATUTORY AUTHORITY: 12 MRSA Section 6171
PURPOSE: To conserve and manage river herring stocks in Maine coastal waters; proposed rules will consider closed areas, closed seasons, gear restriction and/or creel limits. The rules adopted as necessary to meet state goals and requirements of the ASMFC Interstate Fisheries Management Plan for Shad and River Herring.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Commercial and recreational river herring fishermen

CHAPTER 30: Alewives
STATUTORY AUTHORITY: 12 MRSA Sections 6171 and 6171-A
PURPOSE: Implementation of emergency rules, repeal of rules replaced by laws and corrections based on rules review for errors and inconsistencies.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Commercial and recreational shad and river herring fishermen

CHAPTER 32: Eels
STATUTORY AUTHORITY: 12 MRSA Sections 6171, 6171-A, 6191 and 6192
PURPOSE: To establish limitations on the taking of eels as to time, method, number,
weight, length or location, reporting requirements and enforcement criteria.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Commercial and recreational eel fishermen

CHAPTER 32: Eels
STATUTORY AUTHORITY: 12 MRSA Sections 6171 and 6171-A
PURPOSE: Implementation of emergency rules, repeal of rules replaced by laws and corrections based on rules review for errors and inconsistencies.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Commercial and recreational eel fishermen

CHAPTER 34: Groundfish
STATUTORY AUTHORITY: 12 MRSA Section 6171
PURPOSE: To conserve and protect the decreased groundfish stocks by adjusting the minimum size to conform with the more restrictive federal Fisheries Management Plan restrictions.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Commercial and recreational groundfish fishermen

CHAPTER 36: Herring
STATUTORY AUTHORITY: 12 MRSA Sections 6171 and 6171 (2-A)
PURPOSE: Amend regulations as necessary to conform to the joint New England Fisheries Management Council and Atlantic States Fisheries Management Council herring plan.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Herring harvesters and processors

CHAPTER 36: Herring
STATUTORY AUTHORITY: 12 MRSA Sections 6171 and 6171-A
PURPOSE: Implementation of emergency rules, repeal of rules replaced by laws and corrections based on rules review for errors and inconsistencies.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Bait dealers, lobstermen

CHAPTER 40: Smelts
STATUTORY AUTHORITY: 12 MRSA Section 6171
PURPOSE: To conserve and manage rainbow smelt stocks on the coast of Maine; regulations will be proposed as necessary to conserve stocks by using closed seasons, gear restrictions, creel limits and closed areas.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Commercial and recreational smelt fishermen

CHAPTER 40: Smelts
STATUTORY AUTHORITY: 12 MRSA Sections 6171 and 6171-A
PURPOSE: Implementation of emergency rules, repeal of rules replaced by laws and corrections based on rules review for errors and inconsistencies.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Commercial and recreational smelt fishermen

CHAPTER 42: Striped Bass
STATUTORY AUTHORITY: 12 MRSA Sections 6171 and 6556-A
PURPOSE: To conserve and manage striped bass throughout their Atlantic coast range and restore spawning populations to Maine rivers; adjustment of creel limits, minimum size, closed areas/seasons, and/or gear restrictions will be adopted as necessary to conform to the ASMFC Interstate Striped Bass Fishery Management Plan.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Recreational striped bass fishermen

CHAPTER 43: Bluefish
STATUTORY AUTHORITY: 12 MRSA Section 6171
PURPOSE: To conserve and enhance bluefish stocks throughout their Atlantic coast range by adjusting creel limits, minimum size, reporting requirements and/or imposing gear restrictions to conform to the Bluefish Interstate Management Plan.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Commercial and recreational bluefish fishermen

CHAPTER 44: American Shad
STATUTORY AUTHORITY: 12 MRSA Section 6171
PURPOSE: To conserve and manage American shad stocks in Maine coastal waters; proposed rules will consider closed areas, closed seasons, gear restriction and/or creel limits. The rules adopted as necessary to meet state goals and requirements of the ASMFC Interstate Fisheries Management Plan for Shad and River Herring.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Commercial and recreational shad fishermen

CHAPTER 45: Shrimp
STATUTORY AUTHORITY: 12 MRSA Section 6171(3)
PURPOSE: Chapter 45 will be amended to allow for the changes made to the Maine Shrimp Management by the Atlantic States Marine Fisheries Commission.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Commercial shrimp fishermen

CHAPTER 45: Shrimp
STATUTORY AUTHORITY: 12 MRSA Section 6171
PURPOSE: To set the shrimp season for the harvest year 1999-2000.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: The commercial shrimp fleet and the wholesale and retail seafood industry

CHAPTER 45: Shrimp
STATUTORY AUTHORITY: 12 MRSA Sections 6171, 6301 (2)(R), 6804, 6805 and 6851
PURPOSE: To establish licensing, reporting, and wholesale permit requirements.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: The commercial shrimp fleet and the wholesale and retail seafood industry

CHAPTER 46: Maine Salmonid Production Quality Assurance Program
STATUTORY AUTHORITY: 12 MRSA Section 6021-A
PURPOSE: Repeal the Maine Salmonid Production Quality Assurance Program.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Salmon processors

CHAPTER 47: Maine mussel select grade standard program
STATUTORY AUTHORITY: 12 MRSA Section 6021-A
PURPOSE: Repeal the Maine mussel select grade standard program and establish voluntary grade standards and requirements for the production of a select grade of Maine mussel shellstock.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Mussel dealers, consumers

CHAPTER 49: Shellfish bait permit
STATUTORY AUTHORITY: 12 MRSA Section 6621(3)(E)
PURPOSE: Chapter 49 will be amended to allow for the possession and sale of bait clams within the state.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Commercial shellfish license holders

CHAPTER 55: Gear restrictions
STATUTORY AUTHORITY: 12 MRSA Section 6171-A
PURPOSE: Amend chapter 55 to prevent conflict between different fisheries.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Fishermen

CHAPTER 55: Gear restrictions
STATUTORY AUTHORITY: 12 MRSA Sections 6171 and 6171-A
PURPOSE: Implementation of emergency rules, repeal of rules replaced by laws and corrections based on rules review for errors and inconsistencies.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Commercial fishermen

CHAPTER 60: Resource Management Plan
STATUTORY AUTHORITY: 12 MRSA Section 6171
PURPOSE: To define specific goals and objectives for river specific fishery management plans. As each river specific fishery management plan is completed, DMR will hold public hearings, receive public input and adopt plans for fish restoration and management purposes.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Commercial and recreational fishermen

CHAPTER 95: Closed polluted areas
STATUTORY AUTHORITY: 12 MRSA Section 6172
PURPOSE: Chapter 95 will be amended to establish closures and openings of waters that contain consumable marine organisms which is or may become contaminated or polluted.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: All recreational and commercial fisheries

NEW CHAPTER: Sharks
STATUTORY AUTHORITY: 12 MRSA Section 6171
PURPOSE: To implement measures which conform to the National Marine Fisheries Service (NMFS) Fishery Management Plan (FMP) for Sharks of the Atlantic Ocean (FMP) in territorial seas through limits on commercial and recreational fisheries.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Commercial and recreational shark fishermen

NEW CHAPTER: Dogfish
STATUTORY AUTHORITY: 12 MRSA Section 6171
PURPOSE: To implement measures which conform with interstate fisheries management plans or the NMFS Fishery Management Plan for Dogfish in territorial seas through limits on commercial and recreational fisheries.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Commercial and recreational dogfish harvesters

NEW CHAPTER: Horseshoe Crab
STATUTORY AUTHORITY: 12 MRSA Section 6171
PURPOSE: To implement measures which conform to interstate fisheries management plan regarding reporting, possession, and conservation measures.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Harvesters.

NEW CHAPTER: Shellfish sanitation and Hazards Analysis Critical Control Point (HACCP) provisions
STATUTORY AUTHORITY: 12 MRSA Section 6856
PURPOSE: Outlines the requirements for shellfish processors and protects the health and safety of the consumer by preventing the sale and distribution of shellfish that are unsafe for human consumption. Establish consistency with the Food and Drug Administration, National Shellfish Sanitation Program (NSSP).
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Wholesale shellfish processors

NEW CHAPTER: Seaweed
STATUTORY AUTHORITY: 12 MRSA Sections 6171 and 6803(1)
PURPOSE: Establish permit requirements, harvesting and conservation measures.
ANTICIPATED SCHEDULE: Prior to September 2000
AFFECTED PARTIES: Seaweed Harvesters


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