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13
Department of Marine Resources

2002-2003 Regulatory Agenda

AGENCY UMBRELLA-UNIT NUMBER: 13-188
AGENCY NAME: 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 45: Shrimp
STATUTORY AUTHORITY: 12 M.R.S.A. §6171(3)
PURPOSE: To set the shrimp season for the harvest year 2000-2001
EFFECTIVE DATE OF ADOPTED RULE: 45.05 December 1, 2001 Emergency
AFFECTED PARTIES: The commercial shrimp fleet and the wholesale and retail seafood industry.

CHAPTER 24.21: Salmonid Fish Health Inspection Regulations
STATUTORY AUTHORITY: 12 M.R.S.A. §§6171, 6171(3), 6192(4)
PURPOSE: To require surveillance monitoring of the disease ISAV by aquaculturists and restrict vessel and equipment movement to reduce the spread of this disease. Adopt bay area management practices to also reduce risks and spread of disease.
EFFECTIVE DATE OF ADOPTED RULE: 24.21(H)(1)(b)&(c) Dec. 5, 2001 Emergency
AFFECTED PARTIES: Finfish aquaculture industry
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 30: Alewives
STATUTORY AUTHORITY: 12 M.R.S.A. §§6171, 6171-A
PURPOSE: Implementation of emergency rules, repeal of rules replaced by laws and corrections based on rules review for errors and inconsistencies. Repromulgate rules enacted prior to 1979.
EFFECTIVE DATE OF ADOPTED RULE: 30.02 May 9, 2002 Emergency
AFFECTED PARTIES: Commercial and recreational shad and river herring fishermen
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 55: Gear Restrictions
STATUTORY AUTHORITY: 12 M.R.S.A. §§6171-A, 6192, 6171, 6171(5)
PURPOSE: Amend Chapter 55 to prevent conflict between different fisheries. Implementation of emergency rules, repeal of rules replaced by laws and corrections based on rules review for errors and inconsistencies will be promulgated as necessary.
EFFECTIVE DATE OF ADOPTED RULE: 55.15(D) May 9, 2002 Emergency
AFFECTED PARTIES: Fishermen
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 34: Groundfish
STATUTORY AUTHORITY: 12 M.R.S.A. §6171
PURPOSE: To conserve and protect the decreased Groundfish stocks by adjusting the minimum size to conform to the more restrictive federal Fisheries Management Plan restrictions.
EFFECTIVE DATE OF ADOPTED RULE: 34.10 May 22, 2002 Emergency
AFFECTED PARTIES: Commercial and recreational Groundfish fishermen

EXPECTED 2002-2003 RULE-MAKING ACTIVITY:

CHAPTER 2: Aquaculture
STATUTORY AUTHORITY: 12 M.R.S.A. §§6072, 6171(3), 6192(4), 6072-C
PURPOSE: Codification of the code of containment to provide compliance with salmon conservation plan and industry initiatives. Corrections based on rule review for errors and inconsistencies; application and notification requirements; department review procedures; bay management and husbandry practices; general revisions to update regulations to address changes in industry practices and new statutes.
ANTICIPATED SCHEDULE: Prior to October 2003
AFFECTED PARTIES: Aquaculture industry
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 3: Foreign Fish Processing Within the State of Maine's Internal Waters
STATUTORY AUTHORITY: 12 M.R.S.A. §6171
PURPOSE: Update for consistency with the revisions in the Magnuson-Stevens Act.
ANTICIPATED SCHEDULE: October 2003
AFFECTED PARTIES: Foreign fish processors
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 5: Confidentiality of Fisheries Statistics
STATUTORY AUTHORITY: 12 M.R.S.A. §6071
PURPOSE: Update and for consistency with the federal Atlantic Coastal Cooperative Statistics Program (ACCSP).
ANTICIPATED SCHEDULE: Prior to October 2003
AFFECTED PARTIES: Commercial and recreational fishermen
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 10: Clams and Quahogs
STATUTORY AUTHORITY: 12 M.R.S.A. §6171
PURPOSE: Amendments to quahog permitting and reporting requirements to be consistent with the federal management plan under Amendment 10. Update with National Shellfish Sanitation Program and rule review for inconsistencies and errors.
ANTICIPATED SCHEDULE: Prior to October 2003
AFFECTED PARTIES: Quahog harvesters
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 11: Scallops
STATUTORY AUTHORITY: 12 M.R.S.A. §§6171, 6856, 6171-A, 6728
PURPOSE: Establish state wide scallop conservation regulations and or management rules pertaining to conservation of the scallop resource. Update with National Shellfish Sanitation Program and rule review for inconsistencies and errors. Amend to prevent gear conflicts between lobster and scallop fishermen. Sunset review by November 2003 of the daily scallop takes, possession and landing restrictions in Cobscook Bay.
ANTICIPATED SCHEDULE: Prior to October 2003
AFFECTED PARTIES: Scallop fishers; commercial lobster fishers
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 12: Mussels
STATUTORY AUTHORITY: 12 M.R.S.A. §6171
PURPOSE: Amendments to size restrictions and seed mussel conservation areas. Update with National Shellfish Sanitation Program and rule review for inconsistencies and errors.
ANTICIPATED SCHEDULE: Prior to October 2003
AFFECTED PARTIES: Aquaculturists, mussel fishermen
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 13: Whelks
STATUTORY AUTHORITY: 12 M.R.S.A. §6171
PURPOSE: Update trap design and marking requirements. Update with National Shellfish Sanitation Program and rule review for inconsistencies and errors.
ANTICIPATED SCHEDULE: Prior to October 2003
AFFECTED PARTIES: Whelk fishermen
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 14: Oysters
STATUTORY AUTHORITY: 12 M.R.S.A. §6171
PURPOSE: Update with National Shellfish Sanitation Program and rule review for inconsistencies and errors.
ANTICIPATED SCHEDULE: Prior to October 2003
AFFECTED PARTIES: Aquaculturists, commercial fishermen
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

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 M.R.S.A. §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. Establish consistency with the Food and Drug Administration, National Shellfish Sanitation Program (NSSP). Relocate Chapter 48 on Identification and Tagging of Shellfish into Chapter 15 General Shellfish Sanitation and Depuration.
ANTICIPATED SCHEDULE: Prior to October 2003
AFFECTED PARTIES: Shellfish dealers, harvesters, consumers, wholesale shellfish processors
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 22: Shellfish Culture in Closed Areas
STATUTORY AUTHORITY: 12 M.R.S.A. §6856 and 5 M.R.S.A. §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. Update with National Shellfish Sanitation Program and rule review for inconsistencies and errors.
ANTICIPATED SCHEDULE: Prior to October 2003
AFFECTED PARTIES: Shellfish dealers, aquaculturists
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 24: Importation of Live Marine Organisms
STATUTORY AUTHORITY: 12 M.R.S.A. §§6071, 6171(3)
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; and update the fish health guidelines and shellfish health guidelines for wild and aquaculture industry. Shellfish regulation updates or establishment of testing, movement restrictions and hatchery inspection requirements.
ANTICIPATED SCHEDULE: Prior to October 2003
AFFECTED PARTIES: Any person seeking an importation permit, aquaculturists
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 25: Lobster and Crab
STATUTORY AUTHORITY: 12 M.R.S.A. §§6171, 6171 (2-A)
PURPOSE: Set the annual Monhegan Island Lobster Conservation Area (MILCA) season.
ANTICIPATED SCHEDULE: Prior to December 2002 and December 2003
AFFECTED PARTIES: Lobster harvesters registered in the MILCA.
CONSENSUS-BASED RULE DEVELOPMENT: contemplated

CHAPTER 25: Lobster and Crab
STATUTORY AUTHORITY: 12 M.R.S.A. §§6446, 6446(2-A), 6447, 6448, 6171
PURPOSE: To adopt lobster trap limits, number of traps per trawl, the 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; license entry eligibility requirements per zone; resolve boundary line disputes.
ANTICIPATED SCHEDULE: Prior to October 2003
AFFECTED PARTIES: Present and future lobster harvesters
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 25: Lobster and Crab
STATUTORY AUTHORITY: 12 M.R.S.A. §§6171, 6171-A
PURPOSE: To comply with the ASMFC Amendments to the Interstate Fishery Management Plan for Lobster. Implementation of emergency rules, repeal of rules replaced by laws and corrections based on rules review for errors and inconsistencies would be promulgated. Amend for dealer reporting requirements.
ANTICIPATED SCHEDULE: Prior to October 2003
AFFECTED PARTIES: Present and future lobster harvesters; lobster dealers
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 26: Sea Urchin Harvesting Season
STATUTORY AUTHORITY: 12 M.R.S.A. §§6749, 6749-W, 6749-V, 6749-A
PURPOSE: The Commissioner may amend the season to reallocate the days available for fishing, or to reflect spawning conditions, adjust size limits or tolerance(s). Designate the open days for the sea urchin fishery in Zones 1 and 2. Adjust the license lottery pursuant to statutory changes.
ANTICIPATED SCHEDULE: Prior to September 2003
AFFECTED PARTIES: Sea urchin harvesters, buyers, processors
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 26: Sea Urchin Conservation Areas
STATUTORY AUTHORITY: 12 M.R.S.A. §§6171, 6749-N
PURPOSE: To establish or repeal conservation areas the research or conservation of the urchin resource.
ANTICIPATED SCHEDULE: Prior to October 2003
AFFECTED PARTIES: Sea urchin harvesters, buyers, processors
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 27: Sea Cucumbers
STATUTORY AUTHORITY: 12 M.R.S.A. §§6171, 6171-B(6), 6812
PURPOSE: Establish emerging fishery requirements: access permits, endorsements, reporting requirements and conservation measures. Drag size.
ANTICIPATED SCHEDULE: Prior to October 2003
AFFECTED PARTIES: Sea cucumber harvesters, buyers, processors
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 28: Marine Worms
STATUTORY AUTHORITY: 12 M.R.S.A §§6171
PURPOSE: Establish measures for conservation of the resource.
ANTICIPATED SCHEDULE: Prior to October 2003
AFFECTED PARTIES: Marine worm harvesters, bait dealers, recreational fishers
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 30: Alewives
STATUTORY AUTHORITY: 12 M.R.S.A. §6171
PURPOSE: To conserve and manage river herring stocks in Maine coastal waters; proposed rules would 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 October 2003
AFFECTED PARTIES: Commercial and recreational river herring fishermen
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 31: Horseshoe Crab
STATUTORY AUTHORITY: 12 M.R.S.A. §6171
PURPOSE: To provide compliance with interstate fisheries management plans for conservation of the horseshoe crab.
ANTICIPATED SCHEDULE: Prior to October 2003
AFFECTED PARTIES: Harvesters.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 32: Eels
STATUTORY AUTHORITY: 12 M.R.S.A. §§6171, 6171-A, 6191, 6192, 6505-C
PURPOSE: To establish limitations on the taking of eels as to time, method, number (25/day maximum personal limit), weight, length or location, reporting requirements and enforcement criteria for compliance with ASMFC interstate management plan. Implementation of emergency rules, repeal of rules replaced by laws and corrections based on rules review for errors and inconsistencies will be promulgated as necessary.
ANTICIPATED SCHEDULE: Prior to October 2003
AFFECTED PARTIES: Commercial and recreational eel fishermen; elver harvesters
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 34: Groundfish
STATUTORY AUTHORITY: 12 M.R.S.A. §§6171, 6171(3), 6171-A,
PURPOSE: To conserve and protect the decreased Groundfish stocks by adjusting the minimum size to conform to the more restrictive federal Fisheries Management Plan restrictions. Compliance with ASMFC measures for Groundfish. Repromulgate spawning closure.
ANTICIPATED SCHEDULE: Prior to April 2003
AFFECTED PARTIES: Commercial and recreational Groundfish fishermen
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 36: Herring
STATUTORY AUTHORITY: 12 M.R.S.A §§6171, 6171(2-A), 6171-A
PURPOSE: Amend regulations as necessary to conform to the joint New England Fisheries Management Council (NEFMC) and ASFMC herring plans, implementation of emergency rules, repeal of rules replaced by laws and corrections based on rules review for errors and inconsistencies. Changes include days out of the fishery, spawning closures, 2000-pound trip limit and addendums passed by ASMFC.
ANTICIPATED SCHEDULE: Prior to October 2003
AFFECTED PARTIES: Herring harvesters and processors; bait dealers, lobstermen
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 40: Smelts
STATUTORY AUTHORITY: 12 M.R.S.A. §§6171, 6171-A
PURPOSE: Repromulgate or repeal rules enacted prior to 1979.
ANTICIPATED SCHEDULE: Prior to October 2003
AFFECTED PARTIES: Commercial and recreational smelt fishermen
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 41: Atlantic Menhaden
STATUTORY AUTHORITY: 12 M.R.S.A. §§6171, 6171-A
PURPOSE: Amend regulations to comply with the ASMFC interstate fisheries management plan.
ANTICIPATED SCHEDULE: Prior to October 2003
AFFECTED PARTIES: Recreational Fishermen
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 42: Striped Bass
STATUTORY AUTHORITY: 12 M.R.S.A. §§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 October 2003
AFFECTED PARTIES: Recreational striped bass fishermen
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 43: Bluefish
STATUTORY AUTHORITY: 12 M.R.S.A. §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 ASMFC Bluefish Interstate Management Plan.
ANTICIPATED SCHEDULE: Prior to October 2003
AFFECTED PARTIES: Commercial and recreational bluefish fishermen
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 44: American Shad
STATUTORY AUTHORITY: 12 M.R.S.A. §6171
PURPOSE: To conserve and manage American shad stocks in Maine coastal waters; proposed rules would 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 October 2003
AFFECTED PARTIES: Commercial and recreational shad fishermen
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 45: Shrimp
STATUTORY AUTHORITY: 12 M.R.S.A. §§6171, 6171(3), 6171-A
PURPOSE: Chapter 45 will be amended to allow for the changes made to the Maine Shrimp Management by the ASMFC. Set the annual shrimp season.
ANTICIPATED SCHEDULE: Prior to December 2002
AFFECTED PARTIES: The commercial shrimp fleet and the wholesale and retail seafood industry
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 46: Maine Salmonid Production Quality Assurance Program
STATUTORY AUTHORITY: 12 M.R.S.A. §6021-A
PURPOSE: Repeal the Maine Salmonid Production Quality Assurance Program.
ANTICIPATED SCHEDULE: Prior to October 2003
AFFECTED PARTIES: Salmon processors
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 47: Maine Mussel Select Grade Standard Program
STATUTORY AUTHORITY: 12 M.R.S.A. §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 October 2003
AFFECTED PARTIES: Mussel dealers, consumers
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 48: Identification and Tagging of Shellfish
STATUTORY AUTHORITY: 12 M.R.S.A. §6171
PURPOSE: Relocate rules to similar shellfish tagging sections in Chapters 15 - 22 and repeal this chapter.
ANTICIPATED SCHEDULE: Prior to October 2003
AFFECTED PARTIES: Shellfish dealers, harvesters, consumers
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 50: Spiny Dogfish and Coastal Sharks
STATUTORY AUTHORITY: 12 M.R.S.A. §6171
PURPOSE: To provide compliance with interstate fisheries management plans or the National Marine Fisheries Service (NMFS) Fishery Management Plan for Dogfish in territorial seas through limits on commercial and recreational fisheries.
ANTICIPATED SCHEDULE: Prior to October 2003
AFFECTED PARTIES: Commercial and recreational dogfish harvesters
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 55: Gear Restrictions
STATUTORY AUTHORITY: 12 M.R.S.A. §§6171, 6171(3), 6171(5), 6171-A, 6192
PURPOSE: Amend Chapter 55 to prevent conflict between different fisheries. Implementation of emergency rules, repeal of rules replaced by laws, promulgated prior to 1979 and corrections based on rules review for errors and inconsistencies will be promulgated as necessary. To provide compliance with federal rules on whales under the Endangered Species Act and Marine Mammal Protection Act.
ANTICIPATED SCHEDULE: Prior to October 2003
AFFECTED PARTIES: Fishermen
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 95: Closed Polluted Areas
STATUTORY AUTHORITY: 12 M.R.S.A. §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 October 2003
AFFECTED PARTIES: All recreational and commercial fisheries
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 96: Closed Areas - Paralytic Shellfish Poisoning
STATUTORY AUTHORITY: 12 M.R.S.A. §6172
PURPOSE: Chapter 96 will be amended to establish closures and openings of waters that contain a consumable marine organism, which is or may become contaminated.
ANTICIPATED SCHEDULE: Prior to October 2003
AFFECTED PARTIES: All recreational and commercial fisheries
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW CHAPTER: Reporting of Landings
STATUTORY AUTHORITY: 12 M.R.S.A. §6171
PURPOSE: A new chapter may be contemplated to consolidate all regulations on landings type reporting requirements into one chapter in conjunction with the implementation of the Atlantic Coastal Cooperative Statistics Program (ACCSP).
ANTICIPATED SCHEDULE: Prior to October 2003
AFFECTED PARTIES: Harvesters and dealers
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW CHAPTER: Black Sea Bass
STATUTORY AUTHORITY: 12 M.R.S.A. §6171
PURPOSE: To provide compliance with interstate fisheries management plans or the National Marine Fisheries Service (NMFS) Fishery Management Plan for Black sea Bass in territorial seas through limits on commercial and or recreational fisheries.
ANTICIPATED SCHEDULE: Prior to October 2003
AFFECTED PARTIES: Commercial and recreational fishers
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated


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