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Home > Agendas > 2008-2009 > Department of Marine Resources

2008-2009 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 E-mail: laurice.churchill@maine.gov

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 2007-2008. Parallel regular rulemaking followed.
EFFECTIVE DATE OF ADOPTED RULE: 45.05(1)(A)(2) Nov. 28, 2007 Emergency
AFFECTED PARTIES: The commercial shrimp fleet and the wholesale and retail seafood industry

EXPECTED 2008-2009 RULE-MAKING ACTIVITY:

CHAPTER 1.03: Rule of the Atlantic Salmon Commission
STATUTORY AUTHORITY: 12 M.R.S.A. 9902
PURPOSE: Update chapter; amend experimental season
ANTICIPATED SCHEDULE: Prior to October 1, 2009
AFFECTED PARTIES: recreational fishermen, salmon and sportsmen clubs, general public
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

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 (see 2008 LD 2137 pertaining to several licensing requirements for aquaculturists).
ANTICIPATED SCHEDULE: Prior to October 1, 2009
AFFECTED PARTIES: Aquaculture industry
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 4: CERTIFICATION, RECERTIFICATION, REVOCATION OF CERTIFICATION FOR MUNICIPAL SHELLFISH CONSERVATION WARDEN
STATUTORY AUTHORITY: 12 M.R.S.A. 6171, 6671
PURPOSE: Update chapter
ANTICIPATED SCHEDULE: Prior to October 1, 2009
AFFECTED PARTIES: Shellfish industry
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 7: REQUIREMENTS FOR MUNICIPALITIES HAVING SHELLFISH CONSERVATION PROGRAMS
STATUTORY AUTHORITY: 12 M.R.S.A. 6171, 6671
PURPOSE: Update chapter; see 2008 LD 2006 pertaining to municipal control of mussels located in intertidal zones.
ANTICIPATED SCHEDULE: Prior to October 1, 2009
AFFECTED PARTIES: Shellfish 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 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, 2009
AFFECTED PARTIES: Harvesters and dealers
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 in accordance with the Mid Atlantic Fisheries Management Council, Quahog Management Plan, Amendment 10. Update with National Shellfish Sanitation Program and rule review for inconsistencies and errors.
ANTICIPATED SCHEDULE: Prior to October 1, 2009
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, 6729
PURPOSE: Establish local or state wide scallop conservation regulations and or management rules pertaining to conservation of the scallop resource. Amend to prevent gear conflicts between other fisheries and scallop fishermen. Amend for inconsistencies or technical corrections. Compliance with 2008 LD 2071.
ANTICIPATED SCHEDULE: Prior to October 1, 2009
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, conservation regulations and or management rules pertaining to conservation of the mussel resource
ANTICIPATED SCHEDULE: Prior to October 1, 2009
AFFECTED PARTIES: mussel harvesters
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 13: Whelks
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PURPOSE: Clarification to the whelk permit requirement
ANTICIPATED SCHEDULE: Prior to October 1, 2009
AFFECTED PARTIES: whelk harvesters and processors
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

Chapter 15: General Shellfish Sanitation Requirements
Chapter 16: Uniform Physical Plant Equipment and Operation Requirements
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 or federal rules. Compliance with 2008 LD 2039.
ANTICIPATED SCHEDULE: Prior to October 1, 2009
AFFECTED PARTIES: Shellfish dealers, harvesters, consumers, wholesale shellfish processors
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. (New Chapter 22)
ANTICIPATED SCHEDULE: Prior to October 1, 2009
AFFECTED PARTIES: Shellfish harvesters, dealers, aquaculturists, retail stores, restaurants
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: Update and 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, 2009
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, 2009
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. 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; education and safety requirements; and resolve boundary line disputes. To update rules for consistency with new statutes on nonresident lobster and crab landing permit and new statutes pertaining to entry into the lobster fishery changing from the number of licenses to the number of tags.
ANTICIPATED SCHEDULE: Prior to October 1, 2009
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 & maximum sizes, gauge changes. Implementation of emergency rules, repeal of rules replaced by laws and corrections based on rules review for errors and inconsistencies would be promulgated. To provide compliance with federal rules on whales under the Endangered Species Act and Marine Mammal Protection Act. Amend the student license rules pertaining to serving 50% of their time with their sponsor.
ANTICIPATED SCHEDULE: Prior to October 1, 2009
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, zone selection rules; establish rule to govern zone council elections. 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 September 1, 2009
AFFECTED PARTIES: Sea urchin harvesters, buyers, processors
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

Chapter 27: sea Cucumber
STATUTORY AUTHORITY: 12 M.R.S.A 6813
PURPOSE: Create method to access a surcharge on landings; the assessment on landings fee must be used for stock assessment. Up to 20 cents per 100 pounds may be allocated from the sea cucumber management fund.
ANTICIPATED SCHEDULE: Prior to October 1, 2009
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, 2009
AFFECTED PARTIES: Commercial and recreational river herring fishermen
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 and rules 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, 2009
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, 2009
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
PURPOSE: Amend to limit the taking of smelts above the new Penobscot Narrows Bridge (Verona Stockton Springs) to 2 quarts/person/day rather than the Joshua Chamberlain Bridge (Bangor Brewer).
ANTICIPATED SCHEDULE: Prior to October 1, 2009
AFFECTED PARTIES: smelt harvesters
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. Buoy marking requirements for compliance with federal protected resources management plans.
ANTICIPATED SCHEDULE: Prior to December 1st annually
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, 2009
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, 2009
AFFECTED PARTIES: Fishermen
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 75: Protected Resources
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PURPOSE: Rules for compliance and consistency with the National Marine Fisheries Service rules; species may include whales, sea turtles, sturgeon, etc.
ANTICIPATED SCHEDULE: Prior to October 1, 2009
AFFECTED PARTIES: Commercial and recreational fishers
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 90: Conservation Areas
STATUTORY AUTHORITY: 12 M.R.S.A. 6171, 6171(2-A)
PURPOSE: Adjustments to the pilot program in Taunton Bay.
ANTICIPATED SCHEDULE: Prior to October 1, 2009
AFFECTED PARTIES: Mussel, kelp, scallop and urchin harvesters in Taunton Bay
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 90: Conservation Areas
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PURPOSE: Amend to clarify rules by updating the boundary descriptions for the conservation in Wiscasset (Ch. 90.02).
ANTICIPATED SCHEDULE: Prior to October 1, 2009
AFFECTED PARTIES: Worm harvesters
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, 2009
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, 2009
AFFECTED PARTIES: All recreational and commercial fisheries
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, 2009
AFFECTED PARTIES: Commercial and recreational fishers
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW CHAPTER: Vessel Safety Requirements
STATUTORY AUTHORITY: 12 M.R.S.A. 6176
PURPOSE: To establish fishing vessel safety requirements; and require CPR training for divers and tenders.
ANTICIPATED SCHEDULE: Prior to October 1, 2009
AFFECTED PARTIES: Commercial and recreational fishers
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW CHAPTER: Whiting
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PURPOSE: To provide compliance with the National Marine Fisheries Service (NMFS) Fishery Management Plan for Whiting in territorial seas through minimum size and trip limits on commercial and or recreational fisheries.
ANTICIPATED SCHEDULE: Prior to October 1, 2009
AFFECTED PARTIES: Commercial and recreational fishers
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW CHAPTER: Pelagic
STATUTORY AUTHORITY: 12 M.R.S.A. 6176
PURPOSE: To establish a separate pelagic license possibly taking herring, dogfish etc under a new license system.
ANTICIPATED SCHEDULE: Prior to October 1, 2009
AFFECTED PARTIES: Commercial and recreational fishers
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated