Code of Maine Rules
13 - DEPARTMENT OF MARINE RESOURCES
188 - MARINE RESOURCES - GENERAL
Chapter 7 - REQUIREMENTS FOR MUNICIPALITIES HAVING SHELLFISH CONSERVATION PROGRAMS
Section 188-7-40 - Municipal Licensing of Shellfish Harvesters

1. The number of shellfish licenses allocated to municipal residents and nonresidents shall be established by the municipality and approved by the Commissioner prior to the period of issuance (Chapter 7.10(6)). Licenses unsold after the period of issuance shall be made available to residents and nonresidents alike on a first come, first served basis or by lottery using an official, written list that is posted publicly. Licenses unsold during the period of issuance shall be issued for the original allocated fee in each category regardless of residency. The period of issuance for resident and nonresident licenses for municipalities with limited license allocations shall be the same in accordance with 12 M.R.S. §6671 (3-A). The total number of non-resident licenses to be issued by a municipality shall be made available from the start of the period of issuance.

2. Towns with unlimited commercial license allocations shall make available and issue if applicable on the first day of license sales, to qualifying non-residents, no less than 10% of the total number of resident licenses issued in the previous year. There after, non-resident licenses will be issued according to the 10% rule in accordance with 12 MRS §6671 (3-A)(E) and (F).

3. In accordance with 12 M.R.S. §6671 (3-A)(E) and (F), the application of the minimum 10% ratio for allocation and issuance of nonresident commercial licenses is summarized in Table 1. Municipalities may issue more than the minimum number of non-resident licenses listed.

Table 1.

4. Municipal shellfish license applicants who complete conservation time (or conservation credit activities) in order to be eligible for a municipal shellfish license according to the Municipal Shellfish Conservation Ordinance, shall remain eligible until they have been issued or offered a shellfish license by the municipality so long as the applicant applies annually for the license.