Code of Maine Rules
13 - DEPARTMENT OF MARINE RESOURCES
188 - MARINE RESOURCES - GENERAL
Chapter 41 - MENHADEN
Section 188-41-05 - Prohibitions

1. It is unlawful to fish for, take, possess, or land menhaden except from Maine's territorial waters.

2. It is unlawful to fish for or take Atlantic menhaden by vessels rigged with a midwater, otter or beam trawl net in Maine territorial waters.

3. It is unlawful to use a vessel to fish for or take menhaden that exceeds 50 feet overall length as shown on the vessel's current USCG documentation or State registration.

4. It is unlawful for any vessel other than the harvester vessel that made the set to remove fish from the seine or net. If more than one vessel is used to set the seine or net, only the vessel from which the seine or net was removed may take or possess menhaden from the seine or net.

5. It is unlawful to remove Atlantic menhaden from pound net or fish weir gear that is not permanently marked with a Commercial Menhaden License-holder's name and DMR landings number. Pound net or fish weir gear markings must be legible and clearly visible for inspection at all times. Gear must be marked with a single license-holder's name and DMR landings number for the duration of a license year.

6. It is unlawful for a person, other than the license-holder whose name and DMR landings number is marked on the pound net or fish weir gear, to remove Atlantic Menhaden from the pound net or fish weir gear.

7. It is unlawful for the holder of a menhaden license to take menhaden using a gear type not authorized for their license type, as specified in either section 41.30 or 41.40. Permitted gears include anchored/staked gillnets, bait gillnets, cast nets, drift gill nets, fish weirs, floating fish traps, fyke nets, hand seines, hand lines, hook and line, stop seines, pots, pound nets, and purse seines. Permitted gears are dependent upon which commercial fishery phase is open.