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13
Department of Marine Resources
1998-99 Regulatory Agenda


13-188 - 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 - Emergency
STATUTORY AUTHORITY: 12 M.R.S.A. 6192
PURPOSE: To set the shrimp season for the harvest year 1997-98.
EFFECTIVE DATE OF ADOPTED RULE: December 1, 1997
AFFECTED PARTIES: The commercial shrimp fleet and the wholesale and retail seafood industry

Chapter 32: Emergency Elver Fishing 1998 Season
STATUTORY AUTHORITY: 12 M.R.S.A. 6171(3)
PURPOSE: To reduce the 1998 elver season by an additional six (6) days.
EFFECTIVE DATE OF ADOPTED RULE: May 4, 1998
AFFECTED PARTIES: All commercial licensed elver harvesters

Chapter 90: Conservation Areas - Emergency
STATUTORY AUTHORITY: 12 M.R.S.A. 6171 and 6171-A
PURPOSE: Knox County Conservation Areas I, II and III for soft-shell clams.
EFFECTIVE DATE OF ADOPTED RULE: April 8, 1998
RULE REPEALED: May 20, 1998
AFFECTED PARTIES: Commercial soft-shell clam and marine worm harvesters


EXPECTED 1998-99 RULE-MAKING ACTIVITY:

CHAPTER 2: Aquaculture
STATUTORY AUTHORITY: 12 M.R.S.A. 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 July 1999
AFFECTED PARTIES: Aquaculture industry

CHAPTER 3: Foreign Fish Processing Within the State of Maine's Internal Waters
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PURPOSE: 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 July 1999
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 M.R.S.A. 6671
PURPOSE: Provides procedures to be used in the certification, recertification, revocation of certification of Municipal Shellfish Conservation Wardens.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Municipalities with shellfish conservation programs, Municipal Shellfish Conservation Wardens, shellfish harvesters

CHAPTER 6: Lobster Tail Permit Holders
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PURPOSE: Chapter 6 will be amended for the Marine Resources laws to provide for
regulation of lobster tail portions.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Wholesale seafood license holders

CHAPTER 7: Requirements for Municipalities Having Shellfish Conservation Programs
STATUTORY AUTHORITY: 12 M.R.S.A. 6671
PURPOSE: Provides procedures to be used in developing and maintaining a municipal shellfish conservation program.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Municipalities having shellfish conservation programs, shellfish harvesters

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.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Quahog harvesters

CHAPTER 10: Clams and Quahogs
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.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Clam and Quahog harvesters

CHAPTER 10: Clams and Quahogs
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PURPOSE: Amendments to size restrictions.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Clam and Quahog harvesters and aquaculturists

CHAPTER 11: Scallops
STATUTORY AUTHORITY: 12 M.R.S.A. 6171, 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 July 1999
AFFECTED PARTIES: Scallop fishermen

CHAPTER 11: Scallops
STATUTORY AUTHORITY: 12 M.R.S.A. 6171-A
PURPOSE: Chapter 11 may be amended to prevent gear conflicts between lobster and scallop fishermen.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Commercial lobster and Scallop fishermen

CHAPTER 11: Scallops
STATUTORY AUTHORITY: 12 M.R.S.A. 6726, 6727
PURPOSE: Chapter 11 rules on the configuration of scallop drags.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Scallop harvesters

CHAPTER 11: Scallops
STATUTORY AUTHORITY: 12 M.R.S.A. 6171 (2-A), 6722
PURPOSE: Amend the season to limit the fishing effort on this species.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Scallop harvesters

CHAPTER 11: Scallops
STATUTORY AUTHORITY: 12 M.R.S.A. 6171-A, 6171
PURPOSE: Amend drag gear restrictions to require a maximum drag size of 5 feet.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Scallop harvesters

CHAPTER 11: Scallops
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.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Scallops harvesters

CHAPTER 12: Mussels
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PURPOSE: Amendments to size restrictions.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Aquaculturists

CHAPTER 14: Oysters
STATUTORY AUTHORITY: 12 M.R.S.A. 6863-2
PURPOSE: To provide guidelines for the aquaculture of this species.
ANTICIPATED SCHEDULE: Prior to July 1999
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
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.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Shellfish dealers, harvesters and consumers

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.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Shellfish dealers, aquaculturists

CHAPTER 24: Importation of Live Marine Organisms
STATUTORY AUTHORITY: 12 M.R.S.A. 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 July 1999
AFFECTED PARTIES: Any person seeking an importation permit

CHAPTER 24: Importation of live marine organisms
STATUTORY AUTHORITY: 12 M.R.S.A. 6071
PURPOSE: To have regulation coincide with revised fish health guidelines developed by the aquaculture industry.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: The aquaculture industry

CHAPTER 25: Crayfish Business
STATUTORY AUTHORITY: 12 M.R.S.A. 6861-A-5
PURPOSE: To supervise and provide quality for the crayfish business.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Wholesale Seafood industry and consumers

CHAPTER 25: Lobster and Crab
STATUTORY AUTHORITY: 12 M.R.S.A. 6422
PURPOSE: To train and educate future lobster harvesters.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Present and future lobster harvesters

CHAPTER 25: Lobster and Crab
STATUTORY AUTHORITY: 12 M.R.S.A. 6171, 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 July 1999
AFFECTED PARTIES: Lobster harvesters

CHAPTER 25: Lobster and Crab
STATUTORY AUTHORITY: 12 M.R.S.A. 6171, 6171 (2-A)
PURPOSE: Creates the Monhegan Island Lobster Conservation Area and the rules governing that area.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Lobster harvesters

CHAPTER 25: Lobster and Crab
STATUTORY AUTHORITY: 12 M.R.S.A. 6446 and 6447
PURPOSE: To adopt lobster trap limits, 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 July 1999
AFFECTED PARTIES: Present and future lobster harvesters

CHAPTER 25: Lobster and Crab
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PURPOSE: To comply with the Atlantic States Marine Fisheries Commission Amendment #3 to the Interstate Fishery Management Plan for Lobster. The first measure makes it unlawful to possess a lobster trap with a volume larger than 22,950 cubic inches, effective October 1, 1998, except that applications for exemptions from this provision would be provided by the Department until July 1, 1998. The second measure increases the rectangular escape vent to a minimum size of 1-15/16 inches by 5-3/4 inches, effective March 1, 1999.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Present and future lobster harvesters

CHAPTER 25: Lobster and Crab
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.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Present and future lobster harvesters

CHAPTER 26: Sea urchin harvesting season
STATUTORY AUTHORITY: 12 M.R.S.A. 6749-W, 6749-V
PURPOSE: The commissioner may amend the season to reallocate the days available for fishing, or to reflect spawning conditions.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Sea urchin harvesters, buyers, processors

CHAPTER 26: Sea Urchins
STATUTORY AUTHORITY: 12 M.R.S.A. 6749-W
PURPOSE: Designate the open days for the sea urchin fishery in Zones 1 and 2.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: All urchin fishery license holders

CHAPTER 26: Sea Urchins
STATUTORY AUTHORITY: 12 M.R.S.A. 6749-O(2-B)
PURPOSE: Establish a lottery system for entry into the sea urchin fishery.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: All potential urchin fishery license holders

CHAPTER 26: Design requirements for sea urchin drags
STATUTORY AUTHORITY: 12 M.R.S.A. 6748-C, 6171
PURPOSE: To minimize damage to habitat by sea urchin drags.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Sea Urchin harvesters

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 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 July 1999
AFFECTED PARTIES: Commercial and recreational river herring fishermen

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.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Commercial and recreational shad and river herring fishermen

CHAPTER 32: Eels
STATUTORY AUTHORITY: 12 M.R.S.A. 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 July 1999
AFFECTED PARTIES: Commercial and recreational eel fishermen

CHAPTER 32: Eels
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.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Commercial and recreational eel fishermen

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 with the more restrictive federal Fisheries Management Plan restrictions.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Commercial and recreational groundfish fishermen

CHAPTER 34: Groundfish
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PURPOSE: The rule is intended to protect spawning groundfish through a closure. The groundfish stocks are at historically low levels which require additional protection to reestablish the fisheries populations.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Groundfish fishermen

CHAPTER 36: Herring
STATUTORY AUTHORITY: 12 M.R.S.A 6171, 6171 (2-A)
PURPOSE: Amend chapter 36 to extend the herring spawning closure to protect the spawning stock during spawning season.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Herring harvesters and processors

CHAPTER 36: Herring
STATUTORY AUTHORITY: 12 M.R.S.A. 6451
PURPOSE: The commissioner is authorized to require that individuals who deal in herring for bait purposes be licensed to do so.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Bait dealers, lobstermen

CHAPTER 36: Herring
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.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Bait dealers, lobstermen

CHAPTER 39: Sturgeon
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PURPOSE: To conserve and enhance Atlantic sturgeon stocks throughout their range by adjusting possession limits, closed areas, minimum size and gear restrictions to conform to the ASMFC Interstate Fisheries Management Plan for Atlantic Sturgeon.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Commercial and recreational fishermen

CHAPTER 40: Smelts
STATUTORY AUTHORITY: 12 M.R.S.A. 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 July 1999
AFFECTED PARTIES: Commercial and recreational smelt fishermen

CHAPTER 40: Smelts
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.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Commercial and recreational smelt fishermen

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 July 1999
AFFECTED PARTIES: Recreational striped bass fishermen

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, and/or imposing gear restrictions to conform to the Bluefish Interstate Management Plan.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Commercial and recreational bluefish fishermen

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 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 July 1999
AFFECTED PARTIES: Commercial and recreational shad fishermen

CHAPTER 45: Shrimp
STATUTORY AUTHORITY: 12 M.R.S.A. 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 July 1999
AFFECTED PARTIES: Commercial shrimp fishermen

CHAPTER 45: Shrimp
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PURPOSE: To set the shrimp season for the harvest year 1998-99.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: The commercial shrimp fleet and the wholesale and retail seafood industry

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 July 1999
AFFECTED PARTIES: Mussel dealers, consumers

CHAPTER 49: Shellfish bait permit
STATUTORY AUTHORITY: 12 M.R.S.A. 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 July 1999
AFFECTED PARTIES: Commercial shellfish license holders

CHAPTER 55: Gear restrictions
STATUTORY AUTHORITY: 12 M.R.S.A. 6171-A
PURPOSE: Amend chapter 55 to prevent conflict between different fisheries.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Fishermen

CHAPTER 55: Gear restrictions
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PURPOSE: Chapter 55 will be amended to deal with gear conflicts with the following species: lobsters, eels.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Lobster, eel and commercial fishermen

CHAPTER 55: Gear restrictions
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.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Commercial fishermen

CHAPTER 60: Resource Management Plan
STATUTORY AUTHORITY: 12 M.R.S.A. 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 July 1999
AFFECTED PARTIES: Commercial and recreational fishermen

CHAPTER 90: Conservation areas
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PURPOSE: To promote the conservation and propagation of marine organisms.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Municipalities, shellfish harvesters, shellfish dealers

CHAPTER 95: Closed polluted areas
STATUTORY AUTHORITY: 12 M.R.S.A. 6172
PURPOSE: Chapter 95 will be amended to establish standards for closing waters under the jurisdiction of the Federal Government for harvest of marine organisms which is or may become contaminated or polluted.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: All recreational and commercial fisheries

NEW CHAPTER: Sharks
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PURPOSE: To implement measures which conform to the NMFS Fishery Management Plan for Sharks of the Atlantic Ocean (FMP) in territorial seas through limits on commercial and recreational fisheries.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Commercial and recreational shark fishermen

NEW CHAPTER: Dogfish
STATUTORY AUTHORITY: 12 M.R.S.A. 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 July 1999
AFFECTED PARTIES: Commercial and recreational dogfish harvesters


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