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Home > Agendas > 2005-2006 > Department of Marine Resources

2005-2006 Regulatory Agendas

13
Department of Marine Resources

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 annual shrimp season for the harvest year 2004-2005. Parallel regular rulemaking followed.
EFFECTIVE DATE OF ADOPTED RULE: 45.05(1)(A)(2) Nov. 17, 2004 Emergency
AFFECTED PARTIES: The commercial shrimp fleet and the wholesale and retail seafood industry

CHAPTER 55: Gear Restrictions
STATUTORY AUTHORITY: 12 M.R.S.A. §6171(3)
PURPOSE: To protect and conserve the marine organisms in Taunton Bay from imminent depletion due to the expiration of the dragging prohibition in accordance with 12 M.R.S.A. §6959 that expired March 1, 2006 and interim period pending reauthorization by the Maine Legislature. (12 M.R.S.A. §6959-A became effective May 20, 2005)
EFFECTIVE DATE OF ADOPTED RULE: 55.61 March 11, 2005 Emergency
AFFECTED PARTIES: Drag Fishermen

CHAPTER 34: Summer Flounder, Commercial Effort Restrictions
STATUTORY AUTHORITY: 12 M.R.S.A. §6171(3)
PURPOSE: Due to renewed interest to land summer flounder from a directed fishery, which could once again close this fishery, a 1,000 pound vessel trip limit is considered necessary to prevent over fishing of the summer flounder resource in order to avoid unusual damage or imminent depletion, and to allow for the continued rebuilding of the stock in accordance with the ASMFC and Mid-Atlantic Fishery Management Council summer flounder plans. Parallel regular rulemaking followed.
EFFECTIVE DATE OF ADOPTED RULE: 34.10(1)(B)(4)(a)(i) May 5, 2005 Emergency
AFFECTED PARTIES: Commercial Groundfish fishermen

EXPECTED 2006-2006 RULE-MAKING ACTIVITY:

CHAPTER 2: Aquaculture
STATUTORY AUTHORITY: 12 M.R.S.A. §§6072, 6072-A, 6072-C, 6171(3), 6192(4)
PURPOSE: Corrections based on rule review for errors and inconsistencies; bay management and husbandry practices; general revisions to update regulations to address changes in industry practices and new statutes. Develop an alternate fee structure for certain lease transfers; procedure for removal of species from a lease if found to be a threat; update lease marking requirements; and implement the monitoring and sampling requirements for shellfish lease holders consistent with the more up-to-date limited-purpose aquaculture license rules. Incorporate Chapter 22 into Chapter 2 rules pertaining to shellfish culture in closed areas.
ANTICIPATED SCHEDULE: Prior to October 1, 2006
AFFECTED PARTIES: Aquaculture industry
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 8: Landings Program
STATUTORY AUTHORITY: 12 M.R.S.A. §§6171, 6173(1)&(2)
PURPOSE: Continue to update landings type reporting requirements in conjunction with the implementation of the Atlantic Coastal Cooperative Statistics Program (ACCSP) and for greater consistency with dealer and harvesters reporting requirements.
ANTICIPATED SCHEDULE: Prior to October 1, 2006
AFFECTED PARTIES: Harvesters and dealers
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 9: Harvester: Shellstock Harvesting, Handling and Sanitation
STATUTORY AUTHORITY: 12 M.R.S.A. §6856
PURPOSE: Updates for clarification and consistency with the Food and Drug Administration, National Shellfish Sanitation Program (NSSP). Update to address changes per new statutes regarding sales.
ANTICIPATED SCHEDULE: Prior to October 1, 2006
AFFECTED PARTIES: Shellfish dealers, harvesters, consumers, wholesale shellfish processors, aquaculturists
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 11: Scallops
STATUTORY AUTHORITY: 12 M.R.S.A. §§6171, 6856, 6171-A, 6728, 6729
PURPOSE: Establish state wide scallop conservation regulations and or management rules pertaining to conservation of the scallop resource, including consideration of Cobscook area restrictions and closed areas for research. Amend to prevent gear conflicts between lobster and scallop fishermen. Amend for inconsistencies or technical corrections.
ANTICIPATED SCHEDULE: Prior to October 1, 2006
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 and harvest restrictions; develop limited entry system.
ANTICIPATED SCHEDULE: Prior to October 1, 2006
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.
ANTICIPATED SCHEDULE: Prior to October 1, 2006
AFFECTED PARTIES: Whelk fishermen
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 15: General Shellfish Sanitation Requirements
CHAPTER 16: Uniform Physical Plant Equipment and Operation Requirements
CHAPTER 17: Shucker-Packer
CHAPTER 18: Shellstock Shipper
CHAPTER 19: Reshipper
CHAPTER 20: Depuration
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. Amend for consistency with the Food and Drug Administration, National Shellfish Sanitation Program (NSSP) or technical corrections. Update to address changes per new statutes.
ANTICIPATED SCHEDULE: Prior to October 1, 2006
AFFECTED PARTIES: Shellfish dealers, harvesters, consumers, wholesale shellfish processors
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 21: Relaying
STATUTORY AUTHORITY: 12 M.R.S.A. §6856 and §6172
PURPOSE: Establish consistency with the Food and Drug Administration, National Shellfish Sanitation Program (NSSP) and rule review for inconsistencies and errors.
ANTICIPATED SCHEDULE: Prior to October 1, 2006
AFFECTED PARTIES: Shellfish harvesters, dealers, aquaculturists
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. Update rules that list violations of regulations as Class D crimes to civil crimes.
ANTICIPATED SCHEDULE: Prior to October 1, 2006
AFFECTED PARTIES: Shellfish dealers, aquaculturists
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 23: Standards for closure of contaminated or polluted flats
STATUTORY AUTHORITY: 12 M.R.S.A. §6856 and 5 M.R.S.A. §9051
PURPOSE: Establish consistency with the Food and Drug Administration, National Shellfish Sanitation Program (NSSP) and rule review for inconsistencies and errors. Update rules that list violations of regulations as Class D crimes to civil crimes.
ANTICIPATED SCHEDULE: Prior to October 1, 2006
AFFECTED PARTIES: Shellfish harvesters, 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. Develop fish health precautions necessary when processing salmon wastes for bait and alternative lobster bait products. Update rules that list violations of regulations as Class D crimes to civil crimes.
Develop rules that allow use of processed salmon racks in bait products.
ANTICIPATED SCHEDULE: Prior to October 1, 2006
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 October 1, 2006
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. §§6421, 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; apprentice requirements; resolve boundary line disputes.
ANTICIPATED SCHEDULE: Prior to October 1, 2006
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, 6431, 6001, 6175
PURPOSE: To comply with the ASMFC Amendments to the Interstate Fishery Management Plan for Lobster including but not limited to most restrictive rules, minimum size, and definitions for “rigged” and “established base of operation”. Implementation of emergency rules, repeal of rules replaced by laws and corrections based on rules review for errors and inconsistencies would be promulgated. Develop rules on alternative bait products. To provide compliance with federal rules on whales under the Endangered Species Act and Marine Mammal Protection Act.
ANTICIPATED SCHEDULE: Prior to October 1, 2006
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: Provide protection from depletion. Amend the season to reallocate the days available for fishing or to reflect spawning conditions, set daily catch limits, adjust size limits or tolerance(s), minimum and maximum size, tolerances, closures for research, change dealer logbook reporting to weekly, electronic and zone selection rules. Designate the open days and selection of early or late season(s) for the sea urchin fishery in Zones 1 and 2. Suspend or reinstate the license lottery.
ANTICIPATED SCHEDULE: Prior to October 1, 2005
AFFECTED PARTIES: Sea urchin harvesters, buyers, processors
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 27: Sea Cucumber
STATUTORY AUTHORITY: 12 M.R.S.A. §§6171, 6801-A
PURPOSE: Establish necessary regulations in accordance with new license requirements.
ANTICIPATED SCHEDULE: Prior to October 1, 2006
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 minimum size for conservation of the resource following assessment completion.
ANTICIPATED SCHEDULE: Prior to October 1, 2006
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. Repeal of rules replaced by laws promulgated prior to 1979 and corrections based on rules review for errors and inconsistencies.
ANTICIPATED SCHEDULE: Prior to October 1, 2006
AFFECTED PARTIES: Commercial and recreational river herring fishermen
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 32: Eels
STATUTORY AUTHORITY: 12 M.R.S.A. §6171
PURPOSE: To comply with ASMFC changes to the American Eel Fishery Management Plan.
Schedule: Prior to October 1, 2006
ANTICIPATED SCHEDULE: Prior to October 1, 2006
AFFECTED PARTIES: Eel harvesters and dealers
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 sizes to conform to federal Fisheries Management Plan restrictions. Conversely, to adjust Maine regulations for liberalization of rules pertaining to recovering groundfish stocks. Compliance with ASMFC measures for Groundfish.
ANTICIPATED SCHEDULE: Prior to October 1, 2006
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, fixed gear rules, spawning closures, and addendums passed by ASMFC and NEFMC.
ANTICIPATED SCHEDULE: Prior to October 1, 2006
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. If repromulgated, update rules that list violations of regulations as Class D crimes to civil crimes.
ANTICIPATED SCHEDULE: Prior to October 1, 2006
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 1, 2006
AFFECTED PARTIES: Commercial and 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 1, 2006
AFFECTED PARTIES: Recreational striped bass 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 1, 2004 and October 1, 2006
AFFECTED PARTIES: The commercial shrimp fleet and the wholesale and retail seafood industry
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. Develop rules consistent with federal rules prohibiting shark finning.
ANTICIPATED SCHEDULE: Prior to October 1, 2006
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. Update rules that list violations of regulations as Class D crimes to civil crimes.
ANTICIPATED SCHEDULE: Prior to October 1, 2006
AFFECTED PARTIES: Fishermen
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 60: Resource Management Plan
STATUTORY AUTHORITY: 12 M.R.S.A. §§6171
PURPOSE: Remove sections that pertain to management of inland fish or salmon; technical corrections.
ANTICIPATED SCHEDULE: Prior to October 1, 2006
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 are or may become contaminated or polluted. Update rules that list violations of regulations as Class D crimes to civil crimes.
ANTICIPATED SCHEDULE: Prior to October 1, 2006
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. Update rules that list violations of regulations as Class D crimes to civil crimes.
ANTICIPATED SCHEDULE: Prior to October 1, 2006
AFFECTED PARTIES: All recreational and commercial fisheries
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 100: Grievance Procedures for the Handicapped
STATUTORY AUTHORITY: 29 U.S.C. §794 and 5 M.R.S.A. Ch. 337
PURPOSE: Update contact information
ANTICIPATED SCHEDULE: Prior to October 1, 2006
AFFECTED PARTIES: Handicapped personnel
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW CHAPTER: Monkfish
STATUTORY AUTHORITY: 12 M.R.S.A. §6171
PURPOSE: To provide compliance with the National Marine Fisheries Service (NMFS) Fishery Management Plan for Monkfish in territorial seas through minimum size and trip limits on commercial and or recreational fisheries.
ANTICIPATED SCHEDULE: Prior to October 1, 2006
AFFECTED PARTIES: Commercial and recreational fishers
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW CHAPTER: Burnt Island
STATUTORY AUTHORITY: 12 M.R.S.A. §6030-A
PURPOSE: Restrictions would be developed regarding public access to the Burnt Island and the Burnt Island Living Lighthouse facilities.
ANTICIPATED SCHEDULE: Prior to October 1, 2005
AFFECTED PARTIES: Commercial and recreational fishers
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW CHAPTER: Retail Seafood
STATUTORY AUTHORITY: 12 M.R.S.A. §6856 and §6172
PURPOSE: Establish regulations for holders of retail seafood license consistent with the Food and Drug Administration, Food Code. This could become Chapter 22 when it is revised and incorporated into Chapter 2.
ANTICIPATED SCHEDULE: Prior to October 1, 2006
AFFECTED PARTIES: Shellfish harvesters, dealers, aquaculturists, retail stores, restaurants
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW CHAPTER: Protected Resources
STATUTORY AUTHORITY: 12 M.R.S.A. §6171
PURPOSE: To establish new State Protected Resources rules for compliance and consistency with the National Marine Fisheries Service rules; species may include whales, sea turtles, etc.
ANTICIPATED SCHEDULE: Prior to October 1, 2006
AFFECTED PARTIES: Commercial and recreational fishers
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated