Title 12, Title 12

1. Elver fyke net and Sheldon eel trap fee. A person may not submerge an elver fyke net or a Sheldon eel trap in the waters of the State to fish for or take elvers unless the net or trap owner pays annually the following fees: A. Fifty dollars per net or trap for the use of an el…

1. License required. A person may not fish for or take eels in the coastal waters of the State or possess, ship, transport or sell eels that the person has taken in the coastal waters of the State without an eel harvesting license. 2. Exemptions. A person may fish for or take for…

1. Fund established. The Eel and Elver Management Fund, referred to in this section as the "fund," is established as a dedicated, nonlapsing fund. 2. Permissible uses. The commissioner may use the fund to research and manage the State's eel and elver resources, to enforce the law…

Prior to the issuance of an elver fishing license, the commissioner may require an applicant to complete an educational course that the commissioner determines appropriate to provide necessary information regarding the proper handling of elvers to ensure survivability.

1. License required. Beginning January 1, 2023, a person may not engage in the activities authorized under this section without a current: A. Commercial halibut fishing license for a resident operator; [PL 2021, c. 627, §5 (NEW).] B. Commercial halibut fishing license for a resid…

1. Deposition of dead marine animals; exception. A person may not deposit or discard, in intertidal zones or in harbors or rivers below the dividing line between tidewater and fresh water, any dead marine animal or its parts, except that: A. A person may deposit oyster shell cult…

A person who discards or abandons into any waters any net made of monofilament or of other material which is not biodegradable commits a civil violation for which a forfeiture of not less than $100 and not more than $500 may be adjudged.

A person may not place any shack or temporary structure used for ice fishing on the frozen territorial waters or use the shack or structure, unless the owner's name and address are painted or otherwise clearly marked on the outside with 2-inch letters. A person who violates this …

1. Setting nets or seines near weirs. A person, other than a weir owner or the weir owner's crew members, may not set or assist in setting a net or seine within 2,000 feet of the mouth of a weir that is: A. In operating condition; [PL 2023, c. 405, Pt. A, §26 (NEW).] B. Licensed …

The commissioner may adopt rules requiring that a person selling bait be licensed.

The commissioner may not issue a handfishing scallop license under section 6701 or a handfishing sea urchin license under section 6748 to any person for calendar year 1995 or later unless: [PL 1993, c. 604, §1 (NEW).] 1. Completion of competency course. That person successfully c…

By August 15, 1994, the commissioner shall establish a competency training course for individuals engaged in commercial underwater handharvesting activities. The course may be taught by the department or offered by any public or private sector association or organization authoriz…

A person may not act as a tender pursuant to section 6535, section 6701, subsection 5, paragraph B or section 6748, subsection 4, paragraph B unless that person has met the diving tender safety requirements established in rule. [PL 2009, c. 561, §20 (AMD).] 1. Tender safety train…

A person is grandfathered for the purposes of section 6531, subsection 2 if the commissioner determines that that person: [PL 1993, c. 604, §1 (NEW).] 1. Prior license holder. Possessed a scallop or urchin handharvesting license in 1992, 1993 and 1994; and 2. Seminar. Attends a c…

1. License required. A person may not act as a diving tender on a boat engaged as a platform for the harvesting of sea urchins and scallops by hand unless that person is licensed under this section. 2. Licensed activity. A person licensed under this section may tend divers who ha…

It shall be unlawful to take herring by use of or with the aid of any artificial light in the coastal waters, except as provided in this section. [PL 1977, c. 661, §5 (NEW).] The commissioner may adopt or amend regulations that set aside specific areas where artificial light may …

It shall be unlawful to take, buy, sell, process, ship, transport or possess herring which are less than 4 1/2 inches in length, except: [PL 1977, c. 661, §5 (NEW).] 1. Bait. 2. Tolerance of 25%. Any person may take, buy, sell, process, ship, transport or possess herring that are…

A person who purchases or sells herring in their live or raw state for packing, other than by a standard unit of measure or by a fractional part of a standard unit of measure, commits a civil violation for which a forfeiture of not less than $100 and not more than $500 may be adj…

A person who sells or transports any herring for processing, from or in the hold of any boat, which has not been measured and sealed as provided in this section, commits a civil violation for which a forfeiture of not less than $100 and not more than $500 may be adjudged. [PL 199…

The Commissioner of Marine Resources and the Commissioner of Agriculture, Conservation and Forestry shall cooperate in the enforcement of sections 6542 and 6543.

Any person, firm or corporation purchasing herring from a person who fishes commercially or that person's agent, at the time of purchase, shall furnish to the person who fishes commercially or that person's agent a written acknowledgment of the purchase. [RR 2021, c. 2, Pt. B, §5…

The sale and packing of herring is subject to the following. [PL 1991, c. 446, Pt. A, §8 (RAL).] 1. Tolerance of 25%; how determined. 1. Human consumption and bait purposes. If there is a buyer of herring for processing for human consumption within a reasonable distance of the pl…

A person may not: [PL 2003, c. 452, Pt. F, §12 (RPR); PL 2003, c. 452, Pt. X, §2 (AFF).] 1. Fish for or take tuna; permitted methods. Fish for or take any tuna by any method other than by harpoons or by hook and line; or 2. Possess. Possess any tuna that was taken in an unlawful …

Between May 1st and December 1st of each year, it is unlawful to set or use any device, such as fish spawn, grapnel, spear, trawl, weir, gaff, seine, gill net, trap or set line on the waters of the Pleasant River and its tributaries in Columbia Falls and Addison, in Washington Co…

1. Minimum length. A person may not take or possess Pacific salmon which are less than 14 inches in length. 2. Method of taking. A person may not fish for or take Pacific salmon from the coastal waters by any means other than hook and line with a single hook. 3. Limits. A person …

It is unlawful to fish for or take striped bass, except by hook and line.

It is unlawful for any person to fish for or take striped bass, except for personal use.

Within the territorial waters adjacent to Washington County: [PL 2001, c. 272, §11 (AMD).] 1. Otter or beam trawls prohibited. From May 1st to December 15th, both days inclusive, it shall be unlawful to use either otter or beam trawls, except in the St. Croix River above or north…

1. Spawning areas for certain species. By January 1, 1998, the commissioner shall by rule identify all locations of the territorial waters that serve as spawning areas for cod, haddock or yellowtail flounder and the dates during which those spawning activities occur in each area.…

1. Open season. It is unlawful for a person to fish for or take elvers within the waters of the State except during the open season from noon on March 22nd to noon on June 7th. 1-A. Federally recognized Indian tribes; violation. It is unlawful for a person to fish for or take elv…

1. Gear. It is unlawful for a person to fish for or take elvers by any method other than by dip net, elver fyke net or Sheldon eel trap. 2. Number of elver fyke nets and Sheldon eel traps. 2-A. Number of nets and Sheldon eel traps. 2-B. Type and amount of gear. It is unlawful for…

1. Dams with fishways. 2. River herring traps. A person may not fish for or take elvers within 50 feet of a licensed river herring trap. 3. Portion of rivers, streams and brooks. A person may not: A. Fish for or take elvers at any time within the middle 1/3 of a river, stream, br…

1. Prohibition. Except as provided in subsection 1‑A, a person other than a marine patrol officer or the license holder issued a tag for an elver fyke net may not utilize, transfer, alter, possess or in any manner handle the net unless that person has been issued a license to fis…

Except as provided in section 6505‑C, subsection 2, it is unlawful for a person licensed under section 6505‑C to fish for or take eels by any method other than eel pot.

A person may not fish for or take elvers within the portion of the Orland River between the west bank and the center of the river from the southernmost point of land on Fish Point to the dam in Orland.

1. Dams with fishways. A person may not fish for or take elvers within 150 feet of any part of a dam with a fishway or within 150 feet of a fishway. 2. Violation. A person who violates this section commits a Class D crime for which a fine of $2,000 must be imposed, none of which …

1. Sale of elvers. A person may not sell elvers except as follows. A. A person may not sell elvers except to a person who holds a valid elver dealer's license under section 6864 or a person who, pursuant to section 6864, subsection 9, is an authorized representative of a person h…

In addition to any other penalty imposed, elvers that are taken, sold, purchased or possessed in violation of any law or rule pertaining to elvers are subject to seizure by any officer authorized to enforce this Part. The entire bulk pile containing illegal elvers may be seized. …

1. Prohibition on possession or sale of elvers in excess of elver individual fishing quota. A person may not possess or sell elvers in excess of the elver individual fishing quota that person has been allocated for the fishing season pursuant to section 6505-A, subsection 3-A, pl…

The commissioner may authorize a temporary medical transfer of the elver individual fishing quota allocated to a person under section 6505‑A in accordance with this section. The holder of an elver fishing license who requests a temporary medical transfer under this section must m…

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. License required. A person may not use a boat for dragging for the harvesting of surf clams unless that boat carries a current surf clam boat license issued by the commissioner. 2. Licensed activity. A surf clam boat license issued under this section may be used for harvesting…

1. Taking from closed areas. A person may not: A. Fish for or take shellfish from any area closed pursuant to section 6172; [PL 2011, c. 527, §10 (AMD).] B. Fish for or take shellfish from any area closed pursuant to section 6172 when the person has one or more prior convictions …

1. Hand implement only. It shall be unlawful to fish for or take soft shell clams, except by implements operated solely by hand, except as provided in this section. 1-A. Artificial breathing device prohibited. A person may not fish for or take soft shell clams while using an arti…

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 …