Title 12, Title 12

1. Tagging required. The holder of a license issued under section 6601, 6731, 6732, 6745, 6746 or 6810‑B shall identify shellstock the license holder has taken by means of a harvester's tag. The tag must be consistent with the format required by the department under rules adopted…

Notwithstanding section 6174, subsection 3, a person who violates a rule adopted pursuant to section 6171 regarding a scallop conservation area commits a civil violation for which the penalties under this section apply. [PL 2009, c. 72, §2 (NEW).] 1. First offense. For the first …

1. Surcharge fees to be paid into fund. In addition to the applicable license fees for shellfish licenses, mussel hand-raking and boat licenses, shellfish transportation licenses and wholesale seafood licenses, the commissioner shall assess the following surcharge fees, which mus…

1. Municipal funds. Any municipality may, by vote of its legislative body, raise and appropriate money for the implementation of a shellfish conservation program. 1-A. Municipal fines. In accordance with Title 30‑A, section 3001, a fine collected pursuant to this section must be …

A municipality that has established a shellfish conservation program as provided under section 6671 may, consistent with the rights of property owners, issue a municipal shellfish aquaculture permit to a person for the exclusive use of shellfish in a designated area in the intert…

1. Prohibition. A person may not knowingly interfere with the ability of a person who holds a municipal shellfish aquaculture permit to carry out the privileges granted to the permittee under that permit. Except for the permittee or the permittee's designee, a person may not take…

The department shall carry out a program of shellfish reseeding. The program shall include such activities as the transplanting of soft shell clams from areas of large concentrations to potentially productive areas, and relaying shellfish otherwise inhibited from attaining optimu…

The department shall prepare a summary description of all municipal shellfish ordinances, which must include, but not be limited to, a listing for each municipality of the license application period, fee structure and number of licenses available to residents and nonresidents. Th…

1. Purpose. The Legislature finds that the conservation and wise use of the State's shellfish resource may be enhanced by a 2-inch minimum size limit on possession of soft-shell clam shell stock in combination with other management programs. The Legislature further finds that man…

A commercial shellfish license holder who complies with the shellfish sanitation program's quality assurance and quality control training and certification requirements as administered by the department may serve as a volunteer water quality sampler for the department.

1. License required. A person may not engage in the activities authorized under this section without a current hand fishing scallop license or other license issued under this Part authorizing the activities. A person acting as tender to an individual possessing a current individu…

1. License required. A person may not use a boat for dragging for scallops in the State's territorial waters unless that person holds a scallop dragging license issued by the commissioner and that boat is identified on the license. 2. Licensed activity. A person licensed under th…

1. License required. A person may not engage in the activities authorized by this license under this section without a current noncommercial scallop license. 2. Licensed activity. The holder of a noncommercial scallop license may take scallops by hand or by use of a drag and may …

1. License eligibility in 2009. The commissioner may not issue a 2009 hand fishing scallop license or a 2009 scallop dragging license to a person unless that person possessed a scallop license issued pursuant to section 6701 or a scallop boat license issued pursuant to section 67…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Family member" means a spouse, sibling, child's spouse, parent by blood, parent by adoption, spouse's parent, child by blood, child by adoption, s…

1. Minimum shell size. Except as provided in subsection 4, this subsection governs the shell size limits of scallops. A. From December 1, 2003 to November 30, 2004, a person may not possess, ship, transport, buy or sell scallops that are less than 3 3/4 inches in the longest diam…

1. Scallop dragging season. Unless modified by rules adopted under section 6171-A, a person may not fish for or take scallops by dragging in the territorial waters from April 16th to November 30th, both days inclusive. 2. Violations. Notwithstanding section 6174, subsection 3, a …

1. Prohibition. A person may not fish for or take scallops by use of an otter trawl inside and upriver of a line drawn from the lighthouse on Dice Head, Castine to Turtle Head on Islesboro and thence to the town wharf at Bayside, Northport. 2. Violations. A person who violates th…

1. Prohibition. A person may not possess, ship, transport, buy or sell scallops taken in violation of this subchapter. 2. Violations. Notwithstanding section 6174, subsection 3, a person who violates this section commits a civil violation for which the following penalties apply: …

1. Minimum size. The minimum ring size is 3 1/2 inches except as provided by rule. The commissioner shall establish by rule a minimum ring size that may not be smaller than 4 inches in diameter. A person may not use a drag to fish for or take scallops in the territorial waters wi…

1. Daily limit; rules. In the coastal waters northerly and inshore of the international bridge that connects Lubec to Campobello Island, New Brunswick, Canada, a person may not fish for, take or possess more than 15 gallons of scallop meat per day. Under this subsection a person …

The commissioner shall suspend the handfishing scallop license or other license issued under this Part authorizing the taking of scallops of any license holder adjudicated or convicted in court of a 3rd or subsequent violation of this subchapter. The suspension must be for at lea…

1. Dragging in dive-only areas prohibited. A person may not take scallops by dragging in a dive-only area, as established in subsection 2. 2. Dive-only areas established. At the written request of a municipality, the commissioner may establish in harbors where there are 5 or more…

1. License surcharges. The following surcharges are assessed on licenses issued by the department: A. For a hand fishing scallop license, $100; [PL 2003, c. 319, §2 (NEW).] B. For a scallop draggers license, $100, plus an additional $250 to sponsor an apprentice pursuant to secti…

The Scallop Research Fund, referred to in this section as "the fund," is established in the department. Balances in the fund may not lapse and must be carried forward to the next fiscal year. [PL 2003, c. 319, §2 (NEW).] 1. Uses of fund. The commissioner shall use the fund for re…

1. Appointment; composition. The Scallop Advisory Council, referred to in this section as "the council," established by Title 5, section 12004‑I, subsection 57‑F, consists of 13 members. The commissioner shall appoint the members as follows: A. Four scallop harvesters who hold cu…

1. License required. Except as provided in subsection 3, a person may not engage in the activities authorized under this section without a current mahogany quahog license. 2. Licensed activities. The holder of a mahogany quahog license may: A. Fish for or take mahogany quahogs in…

The department shall establish a program to protect the public health by monitoring the levels of paralytic shellfish toxin in mahogany quahogs. The department shall identify harvesting areas, sampling areas and stations needed to achieve this goal in accordance with the followin…

1. License required. A person may not engage in the activities authorized under this section without a current commercial shellfish license or other license issued under this Part authorizing the activities. 2. Licensed activities. The holder of a commercial shellfish license may…

1. Mahogany quahogs from closed areas. A person may not: A. Fish for or take mahogany quahogs from an area closed pursuant to section 6172; or [PL 2011, c. 691, Pt. F, §1 (AMD).] B. Possess, ship, transport or sell mahogany quahogs taken from an area closed pursuant to section 61…

1. License required. A person may not engage in the activities authorized under this section without a current mussel license or other license issued under this Part authorizing the activities. 2. Licensed activity. The holder of a hand-raking mussel license may take mussels by h…

1. License required. A person may not use a boat for dragging for mussels unless that boat carries a current mussel boat license issued by the commissioner. 2. Licensed activity. A boat license under this section may be used for dragging for mussels. The holder of a mussel boat l…

A person may not fish for or take mussels pursuant to section 6746 between sunset and sunrise within the territorial waters except that the commissioner may authorize the harvest of seed mussels during those times.

1. Taking from closed areas. A person may not: A. Fish for or take mussels from an area closed pursuant to section 6172; or [PL 2011, c. 691, Pt. F, §2 (AMD).] B. Possess, ship, transport or sell mussels taken from an area closed pursuant to section 6172. [PL 2011, c. 691, Pt. F,…

1. License required. A person may not engage in the activities authorized under this section without a current handfishing sea urchin license or other license issued under this Part authorizing the activities. A person acting as tender to an individual possessing a current indivi…

1. License required. A person may not engage in the activities authorized under this section without a current sea urchin dragging license. 2. Licensed activity. The holder of a sea urchin dragging license may use the vessel named on the holder's license to drag for sea urchins. …

Except as provided in this section, it is unlawful for any person to fish for or take sea urchins using a drag, or any combination of drags, in any coastal waters of the State. [PL 1993, c. 740, §2 (NEW).] 1. Exception. The commissioner may adopt rules that allow the use of a dra…

1. License required. A person may not engage in the activities authorized under this section without a current sea urchin hand-raking and trapping license. 2. Licensed activity. The holder of a sea urchin hand-raking and trapping license may take sea urchins by hand-raking or by …

1. Closed season. It is unlawful for a person to fish for or take sea urchins from May 1st to August 31st. 2. Open days. The commissioner, in consultation with the Sea Urchin Zone Council under section 6749‑X, shall establish by rule, within that area designated Zone 1 and that a…

1. Zone 1 prohibition. Except as provided in this subsection, a person may not take, possess, ship, transport, buy or sell a sea urchin having shell measurements less than the minimum size established by rule for Zone 1. A. A person holding a dragging license may take a sea urchi…

A person licensed under section 6748 to take sea urchins by hand may not simultaneously possess or transport sea urchins and lobsters aboard a registered vessel.

1. Importation and processing. The commissioner may adopt rules under this subchapter that require a sea urchins processor to maintain records sufficient to identify the point of origin of sea urchins received by that processor. 2. Fisheries management. The commissioner may adopt…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Family member" means a spouse, sibling, child's spouse, parent by blood, parent by adoption, spouse's parent, child by blood, child by adoption, s…

Notwithstanding section 6749, it is unlawful for a person to fish for or take sea urchins from: [PL 1997, c. 685, §1 (AMD).] 1. Zone 1. Zone 1, from May 1st to July 31st. For the purposes of this article, "Zone 1" means all coastal waters west of a line beginning at the easternmo…

1. Handfishing and dragging licenses. 2. Hand-raking and trapping license. 2-A. License eligibility. The commissioner may not issue a handfishing sea urchin license, a sea urchin dragging license or a sea urchin hand-raking and trapping license to any person unless that person: A…

A person eligible to purchase a license under section 6749-O may purchase those licenses only for Zone 1 or Zone 2. All of those licenses issued to any one person in any one year must be for the same zone. A person may not change from the zone in which the person harvested sea ur…