A.
Definitions
The following terms, as used in these regulations, shall have
the following meanings, unless a different meaning is required by the
context:
(1)
Election
District
"Election district" means one of a series of contiguous
geographic areas within a lobster management zone which is created by a lobster
management policy council for the purpose of electing representative voting
members of the councils. The election districts are defined in the by-laws of
the council and may be harbors or discrete fishing areas within the
zone.
(2)
Declared
lobster zone. "Declared lobster zone" means the zone identified on a
lobster and crab fishing license pursuant to 12 M.R.S. §6446 (1-A).
(3)
Lobster License Holder
"Lobster license holder" means a person who holds a Class I,
II, or III lobster and crab fishing license issued under 12 M.R.S. §6421.
(4)
Lobster Management Policy
Council
"Lobster management policy council" means the group of
locally elected lobster license holders and an appointed non-voting legislative
member who may submit proposed effort limitation rules to referendum within a
lobster management zone and to the Commissioner.
(5)
Lobster Management Zone
"Lobster management zone" means one of seven areas within the
waters of the State for which lobster fishing effort limitations may be
established by the Commissioner upon the recommendation of the corresponding
lobster management policy council.
(6)
Lobster Fishing Effort
Limitation
"Lobster fishing effort limitation" means a regulation on the
maximum number of lobster traps that may be fished by an individual license
holder or two or more lobster license holders who fish from the same boat, the
maximum number of traps on a trawl line, or the time of day when lobster
fishing may occur.
(7)
Referendum
"Referendum" means the submission of a proposed lobster
fishing effort limitation for a lobster management zone to a direct vote by the
lobster license holders eligible to vote in a lobster management zone.
(8)
Trap Limit
"Trap limit" means the maximum number of lobster fishing
traps that a lobster license holder may submerge from a boat in the waters of
the State.
(9)
Trawl
Limit
"Trawl limit" means the maximum number of lobster traps that
a lobster license holder may attach to a line submerged in the waters of the
State.
(10)
Lobster
Fishing Year
"Lobster fishing year" means the 12 month season from June 1
through May 31.
(11)
Exclusive Economic Zone
The term 'exclusive economic zone' means the zone established
by Proclamation 5030, of March 10, 1983, 48 FR 10605, issued by President
Reagan.
B.
Lobster Fishing Effort Limitations
(1) Fishing effort in the lobster fishery may
be limited only through one or more of the following methods:
(a) a limit or limits on the number of traps
fished by an individual lobster license holder or two or more lobster license
holders who fish from the same boat fishing in a particular lobster management
zone and the time periods allowed for complying with that number,
(b) a limit on the number of lobster traps
allowed on a trawl fished in a particular lobster management zone,
and
(c) a limit on the time of day
when lobster fishing may occur in a particular lobster management
zone.
(d) Any limitation proposed
by a council must be stricter than current law.
(2) Lobster fishing effort limitations using
one or more of the above methods may vary among the lobster management zones
established under Chapter 25.93(C)(1).
(3) Where the Commissioner has not adopted
different lobster fishing effort limitations under Chapter 25.93(D), the trap
limits established in 12 M.R.S. §6431- A, the closed periods in
§6440, and the
trap and trawl limits for specific fishing areas in §6439, §6439- A, and in Chapters 25 and 55
of these regulations shall apply.
(4) An applicant for the issuance or renewal
of a lobster and crab fishing license must, pursuant to 12 M.R.S. §6446 (1-A) declare the lobster
management zone in which that person intends to fish a majority of that
person's lobster traps. If the applicant intends to fish in more than one
lobster management zone that person must also list for inclusion on their
license all other lobster management zones in which that person intends to
fish. A lobster license holder may not place traps in a lobster management zone
that has not been declared or listed on that person's license at the time of
application for issuance or renewal. The declaration shall be on forms provided
by the Commissioner and may be changed only at the time of license
renewal.
(5) A lobster license
holder may fish for lobsters in any lobster management zone, provided that all
lobster management zones in which traps will be placed are declared or listed
in accordance with Chapter 25.93(B)(4) above at the time of application for
license issuance or renewal. If a lobster license holder declares or lists more
than one lobster management zone and the lobster trap limits in those zones
differ, the total number of trap tags purchased may not exceed the lowest trap
limit applicable in any of the lobster management zones declared or listed by
that license holder.
(6) A license
holder may not surrender trap tags during the fishing year for the purposes of
fishing in another zone.
C.
Lobster Management Policy
Councils
(1)
Establishment-- Seven lobster management policy councils,
corresponding to the seven lobster management zones established under Chapter
25.94(1), are established.
(2)
By-laws-- Each council shall abide by a set of by-laws governing
its procedures.
The by-laws shall establish the maximum number of voting
members to be elected to the council and election districts from which each
voting member is to be elected. The number of voting members shall be an odd
number and shall allow each member to represent approximately the same number
of lobster license holders unless geographic conditions warrant otherwise. The
by-laws may require the appointment of a non-voting representative to the
council of each adjacent lobster management zone. The by-laws may create
subcommittees of the council members and lobster license holders. The council
may change the bylaws at any time.
The Commissioner must approve any by-law or amendments
thereto before it may become effective for use by the zone council.
(3)
Annual Elections and
Term-- Each council shall hold an annual election by July 31 of each
year to re-elect or replace the elected members whose terms are expiring within
the year. Council members shall have terms of three years.
(4)
Election of Council Members
-- Election of council members shall be by a plurality vote of eligible
voters from the lobster management zone participating in the election as
defined under 12 M.R.S. §6447(7). Each
voting member shall have one vote in each election for each council member from
the district declared on the individual's lobster and crab fishing license
application at the time of issuance or renewal. The vote shall be by secret
mailed ballot and the ballots shall be collected by the Department of Marine
Resources. The ballots shall be tallied, and the results shall be made known to
the Commissioner and to the members of the lobster management zone.
To be elected a council member, the member must receive the
most votes from the voting members of the district in which the council member
is to represent who are eligible to and do vote. A person must hold a valid
class I, II, or III lobster and crab fishing license and be at least 18 years
of age to become a member of the council.
(5)
Notice of Meetings-- Written
notice for regular meetings or special meetings, setting forth the date, time
and place that the meeting is to be held shall be posted prior to the meeting
at public places, by way of example but not limited to newspapers, fishermen
cooperatives, town halls, etc.
(6)
Vacancies-- Any vacancy occurring in the membership of the lobster
policy management council including one created by reason of resignation,
ineligibility, or death shall be filled by the candidate from the most recent
annual election who received the second greatest number of votes. If no such
candidate is available or is willing to serve as district representative, then
a special district election will be held in accordance with Chapter
25.93(C)(4). Council members elected to fill a vacancy shall serve for the
remainder of the vacated member's term.
(7)
Removal of Council Members
-- A council member whose lobster and crab fishing license is suspended,
revoked or who fails to renew the lobster and crab fishing license shall
automatically be removed from the lobster policy management council. A council
member who misses three consecutive meetings without notifying an officer or
other council member of the intended absence from a meeting, may be removed
from the council by affirmative vote of the council. Replacement of vacant
seats shall be made in accordance with the procedures of Chapter
25.93(C)(6).
(8)
Replacement
of Council Members-- Members of an election district within the lobster
management zone may petition the lobster policy management council to request a
special election for purposes of replacing the incumbent council member
representing that district by voting on a new district member. The petition
must have the signatures from 1/2 of the members of the district to be
valid. The lobster policy management council cannot reject the petition without
just cause. In the event of acceptance of the petition by the council, a
special district election will be held in accordance with Chapter 25.93(C)(4).
In the event of rejection by the council, the petitioners may appeal the
lobster policy management council's decision to the Commissioner who may
determine that a special election shall be held.
(9)
Creation of a New District
-- A special district election shall be held in accordance with the
procedures of Chapter 25.93(C)(4) in the event of the creation of a new
district.
(10)
Council
Decisions--The council may conduct its business and decide all issues by
consensus except the decision to hold a referendum on lobster fishing effort
limitations. This decision must be approved by a majority of the council
members present and voting. Each voting council member shall have one vote. No
vote is binding unless a quorum of two thirds of the council members are
present and voting.
(11)
Referendum Procedures-- After a council votes to hold a
referendum, the referendum question shall be mailed to all eligible license
holders who have designated that zone as their declared zone. The referendum
ballots will include a postage-paid return address at the Department of Marine
Resources. The council may submit a proposed effort limitation rule to the
Commissioner if it is approved by two-thirds of those voting in the
referendum.
(12)
Frequency of
Referenda-- If a referendum on a lobster fishing effort limitation
category, as defined in 12 M.R.S. §6447(5)(A), (5)(B), or
(5)(C), is voted on through the process
defined in Chapter 25.93(C)(11), a referendum on the same category of lobster
fishing effort limitation may not be proposed for a minimum of 12 months from
the date the referendum vote is due to the Department. By way of example, if a
referendum is held on the total number of traps fished and the time periods
allowed for complying with that number as permitted under 12 M.R.S. §6447(5)(A), no
other referenda permitted under that subsection may be voted on for 12 months.
A zone council may limit the frequency of a referendum on a lobster fishing
effort limitation category for up to 36 months from the date the referendum
vote is due to the Department. The zone council must inform the Commissioner in
writing of the frequency of a future referendum at the time at which the
initial referendum has been voted on and the results are made know to the
Commissioner.
(13)
Petition
Process for Referenda-- Members of a lobster management zone may
petition the lobster policy management council for a referendum vote. If
one-third of the eligible voters within a lobster management zone sign a
petition for a referendum to be proposed for a vote in the lobster management
zone, the lobster policy management council may submit that proposal as a
referendum ballot. All petitions are subject to the frequency criteria as
described in Chapter 25.93(C)(12). If the lobster policy management council
votes not to submit a petition proposal to the membership of the lobster
management zone for a vote, the council must report in writing to the
Commissioner explaining the reason for denial.
(14)
Voter Qualifications-- Only
those lobster license holders who designated the zone as their declared zone,
at the time of license issuance or renewal, are eligible to vote in the
elections of council members and in referendums on proposed lobster fishing
effort limitations for that zone. To be eligible to vote, a person must be at
least 18 years of age. Each person eligible to vote in a council election or
referendum shall have one vote.
(15)
Disputes-- Questions about
possible irregularities in council elections and referendums shall be referred
to the Commissioner, who will investigate the complaint and report to the
council. The Department shall retain the ballots for at least seven years
following the referendum.
D.
Commissioner's Approval of Council
Rules Limiting Fishing Effort
If a lobster management policy council recommends a rule to
limit lobster fishing effort in its zone after approval in a referendum held
pursuant to Chapter 25.93(C)(11), the Commissioner may adopt and publish the
rules verbatim or may adopt and publish rules that accurately reflect the
intent of the council's recommendation. The Commissioner may reject the
proposed rule if it is found to be unreasonable.
E.
Limited Entry Guidelines for Lobster
Management Zones
(1)
Commissioner's Approval of Survey
The Commissioner must approve any survey form developed by a
lobster management policy council to determine an exit ratio pursuant to 12
M.R.S. §6448 before that survey is
conducted.
(2)
Proposed Exit Ratio
A lobster management policy council may submit to the
Commissioner for rulemaking more than one proposed exit ratio, however the
council must indicate a preferred option. The Commissioner may choose to
propose rulemaking on one or more exit ratio(s) for public comment.
(3)
Future Action on Exit
Ratio
Once an exit ratio is adopted for a limited-entry zone, the
lobster management policy council for that zone will not vote to conduct a
survey or make a proposal to the Department for a new exit ratio, and the
Department will not propose or adopt a new exit ratio for that zone, for a
minimum of 24 months from the effective date of the regulation setting the exit
ratio.
If an exit ratio is not adopted, after a survey has been
conducted in the zone and a lobster policy management council has made a
recommendation to the Commissioner regarding an exit ratio, the lobster policy
management council may not vote to conduct another survey for 36 months from
the date of the previous vote by the lobster policy management council to
conduct a survey.
(4)
Lower Limit of Tags
If the number of Class I, II and III lobster and crab trap
tags in a limited-entry zone is reduced by 30% or more than the number of such
tags in that zone as of December 31, 1997, then the following shall
occur:
(a) Prior to making any change
in the exit ratio the Commissioner shall meet with the affected lobster
management policy council to discuss the present status of the lobster fishery
within that zone.
(b) The
Commissioner shall make a final determination regarding any change that may
occur to the exit ratio based on consideration of the history and trends of
both licenses and tags within the zone, the effects that limited-entry has had
within the zone and the effects any change in the exit ratio would have on both
the present lobster fishery within the zone, as well as the future of the
lobster fishery within the zone. In no instance shall the commissioner amend
the exit ratio to be more restrictive than 1:1.
F.
Exit Ratios for Limited-Entry
Zones
(1)
Procedures for the
Apprentice Waiting List(a) A person
wishing to enter a limited-entry zone must make application to the Department
and the Department shall evaluate the applicant's eligibility, in accordance
with §6421(5) and §6448 and this rule.
(b) By April 1 of each year, the Department
shall calculate the number of licenses to be awarded to new entrants for each
limited-entry zone for that calendar year in accordance with §6448 and this rule. The exit ratio
shall be as follows:
(i)
Zone D
- one license awarded to a new entrant for every 4,000 tags retired by
individuals who held a Class I, II or III lobster and crab fishing license in
the previous calendar year and who exited the zone making an entry to exit
ratio of 1:5.
(ii)
Zone
E - one license awarded to a new entrant for every 5 licenses retired by
individuals who held a Class I, II or III lobster and crab fishing license in
the previous calendar year and who exited the zone making an entry to exit
ratio of 1:5.
(iii)
Zone
F - one license awarded to a new entrant for every 4,000 tags retired by
individuals who held a Class I, II or III lobster and crab fishing license in
the previous calendar year and who exited the zone, making an entry to exit
ratio of 1:5.
(iv)
Zone
G - one license awarded to a new entrant for every 4,000 tags retired by
individuals who held a Class I, II or III lobster and crab fishing license in
the previous calendar year and who exited the zone, making an entry to exit
ratio of 1:5.
(v)
Zone
B - one license awarded to a new entrant for every 3 licenses retired by
individuals who held a Class I, II or III lobster and crab fishing license in
the previous calendar year and who exited the zone, making an entry to exit
ratio of 1:3.
(vi)
Zone
A - one license awarded to a new entrant for every 3 licenses retired by
individuals who held a Class I, II or III lobster and crab fishing license in
the previous calendar year and who exited the zone making an entry to exit
ratio of 1:3.
(vii)
Zone
C - one license awarded to a new entrant for every 1 license retired by
individuals who held a Class I, II or III lobster and crab fishing license in
the previous calendar year and who exited the zone making an entry to exit
ratio of 1:1.
(c) For
lobster zones that opt to use trap tags not renewed in their exit ratio
calculations, the number of traps tags retired by individuals is the total of
the greatest number of trap tags purchased in any prior year up to the current
zone maximum under each license that is not renewed.
(d) The number of licenses awarded to new
entrants for a limited-entry zone shall be rounded to the nearest whole number.
Fractions of .5 and greater shall be rounded up to the nearest whole number.
Fractions of .4 and less shall be rounded down to the nearest whole number.
(For example, if the exit ratio is 1:3 and 100 licenses are not renewed, the
resulting 33.3 will be rounded down to 33 new zone entrants. If the exit ratio
is 1:2 and 25 licenses are not renewed, the resulting 12.5 will be rounded up
to 13 new zone entrants.)
(e) Once
the number of new zone entrants to be awarded a license for a limited-entry
zone has been calculated for each limited-entry zone, a list of authorized new
zone entrants shall be determined from the waiting list pursuant to 12 M.R.S.
§6448.
(f) Authorized new zone entrants will be
informed in writing and mailed a license application form by the Department by
certified mail.
(g) Authorized new
zone entrants must submit their license application, correctly filled out for
the same zone as their declared zone form, with correct fees and documentation
to the Department. The application must be received within 30 days of receipt
of notice by the Department or the new zone entrant will lose their
authorization to qualify for a limitedentry zone.
(h) If an authorized new zone entrant has not
complied with (f) above, the next person on the waiting list for the
limited-entry zone, if any, will be sent a license application and have 30 days
to comply in the same manner.
(2)
Procedures for the Transfer Waiting
List(a) A Class I, II or III lobster
license holder wishing to transfer into a limited-entry zone must make
application to the Department by completing a Lobster Zone Declaration
form.
(b) Class I, II or III
lobster license holders on the lobster waiting lists as of the effective date
of this rule will be removed from those waiting lists and placed on a separate
single "transfer waiting list" based on their current eligibility date on the
waiting lists.
(c) Class I, II or
III lobster license holders who want to be placed on the transfer waiting list
will be placed on the list in the order of the time and date upon which the
Department receives the request using the Lobster Zone Declaration
Form.
(d) By April 1 of each year,
the Department will begin at the top of the transfer waiting list, and
determine if there are any corresponding transfers of fishermen wishing to
transfer in the opposite direction (e.g., Zone A to Zone B, and Zone B to Zone
A). The Department will authorize all transfers for which matches are available
and eligible.
(e) In order to be
eligible to transfer, a fisherman must have demonstrated landings of at least
5,000 lbs. in any two of the three (3) prior calendar years.
(f) Authorized transfers will be informed in
writing and mailed a transfer application form by the Department by certified
mail.
(g) Authorized transfers must
submit their transfer application, within 30 days of receipt of notice by the
Department or the transfer will lose their authorization.
(h) If an authorized transfer has not
complied with (g) above, the next person on the waiting list who wishes to
transfer into that zone, if any, will be sent an authorization and have 30 days
to comply in the same manner.
(i) A
transfer will be not be completed for either license holder, until both license
holders have submitted their transfer application form and demonstrated their
eligibility.
(3)
Implementation Schedule
Any exit ratio established for a limited-entry zone shall be
implemented concurrent with the licensing year following
adoption.
