Code of Maine Rules
13 - DEPARTMENT OF MARINE RESOURCES
188 - MARINE RESOURCES - GENERAL
Chapter 7 - REQUIREMENTS FOR MUNICIPALITIES HAVING SHELLFISH CONSERVATION PROGRAMS
Section 188-7-50 - Municipal Shellfish Conservation Activities
Universal Citation: 13 ME Code Rules ยง 188-7-50
Current through 2024-13, March 27, 2024
1. Request for Municipal Shellfish Conservation Closure/Opening
A.
Municipal Shellfish Conservation Closure/Opening applications will be reviewed
by the Department and permits will be issued based on the applicant's ability
to meet the criteria for any conservation action.
B. Municipalities must apply at least 20 days
prior to the requested date, in writing on Department approved forms to the
Department for a conservation closure or opening.
C.
Notification
The Municipality shall provide sufficient notification to the public of any conservation closure or opening by publishing, advertising and/ or posting in public places, an official municipal closure or opening notice signed by the Shellfish Warden or the Department issued permit, five (5) days prior to the initial closure or opening date. The method of notification must be approved by the Department prior to issuance of the permit.
2. Municipal Shellfish Transplant Permit Requirements
A. A municipality or regional program with a
Municipal Shellfish Conservation Ordinance must have a permit from the
Department to possess seed regardless of source (wild or hatchery). In the
absence of a permit, the harvesters and the municipal or regional program are
in violation of 12 M.R.S. §6681. Municipalities must apply at least 20
days prior to the requested date in writing on Department approved forms to the
Department for a Shellfish Transplant Permit.
The supervisor must keep accurate records on a Department approved form (Activity Log) and a copy of the Activity Log must be sent to the Department within 20 days of the activity.
B. Shellfish moved from Growing Areas
classified as restricted, conditionally restricted in the open status or
prohibited must be planted to areas closed by the Department for specified
amounts of time. Only seed may be transferred from Growing Areas classified as
prohibited. If product larger than seed is proposed to be transplanted by a
municipality from areas classified as restricted or conditionally restricted in
the open status, the Department may issue a permit for such activities at the
Commissioner's discretion based on an assessment of the overall performance of
the Municipal Shellfish Conservation Ordinance and the municipality's ability
to control restricted area transplant activities and enforce closed areas. In
order to transplant shellfish larger than seed:
1. The Municipality must have a Warden with a
minimum of 100 hour MCJA training and certification.
2. The warden must be employed by the town
for a minimum of 20 hours a week.
C. Seed purchased from out-of-state
hatcheries require an Application for Importation, Introduction and/or Relay of
Shellfish Into Maine Coastal Waters pursuant to Chapter 24.10. Municipalities
or regional programs must apply at least 30 days prior to the requested event,
in writing, to the Department.
D.
Once a permit is issued, a municipality or regional program must adhere to the
following requirements while transplanting shellfish from Growing Areas
classified as restricted, conditionally restricted in the open status, or
prohibited areas:
(1) The transplanting must
take place during daylight hours.
(2) The transplanting may only take place on
the day(s) designated in the permit unless the municipal or regional program
secures written permission from the Department.
(3) The transplanting may only take place
under the supervision of the municipal shellfish warden, Department staff
member or Department authorized relay supervisor.
(4) The transplant supervisor shall have a
copy of the permit with them at all times during the activity. Absence of a
permit shall be prima facie evidence of a violation of this regulation.
(5) The harvest crew must remain
in the permitted source area under immediate supervision of the municipal
shellfish warden, Department staff member or Department authorized relay
supervisor at all times.
(6) Any
harvesting violation shall nullify and void the permit. Any failure to comply
with permit conditions shall be grounds for refusal of future permit
applications until the Commissioner deems the municipality can meet the permit
conditions.
(7) Once a permit is
issued, the permit holder must notify Marine Patrol the morning of the
transplant. The information required for Marine Patrol includes, but is not
limited to, the following:
(a) The name and
contact information of the transplant supervisor.
(b) The source area and the transplant
area
(c) The method and route of
the transportation of seed to the transplant area.
(d) The departure point from the harvest area
and the point of arrival for the transplant area.
Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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