Current through Register No. 40, October 3, 2024
(a)
No person shall fish for or take lobsters unless the trap is equipped with
unobstructed escape vents or gaps in the parlor section which shall have:
(1) A rectangular or oblong escape vent not
less than 1 15/16 inches by 5 3/4 inches located next to the bottom
edge;
(2) At least 2 circular
escape vents not less than 2 7/16 inches in diameter;
(3) A gap caused by raising, modifying or
separating horizontal laths to comply with paragraphs (1) or (2);
(4) A gap caused by separating or modifying
vertical laths to comply with paragraph (1);
(5) A gap caused by separating both ends of 2
laths 1 3/4 inches on the top of the parlor section next to the middle bow or
supporting frame and directly over the parlor head; or
(6) In a wire or plastic trap, a gap created
by cutting vents in the side or end to comply with paragraphs (1) or
(2).
(b) No person shall
set, raise, haul, or transfer any lobster trap unless the trap is equipped with
an escape vent as required in this section or has been exempted under (c)
below.
(c) The executive director
shall exempt specific trap designs from the escape vent requirements of this
section if it is statistically proven that the specific trap design will only
take crabs and is incapable of taking lobsters. Any such trap design shall be
approved by the executive director in writing after inspection by an agent for
the executive director.
(d) In
addition to the escape vents required in (a), all traps used to fish for or
take lobsters shall have at least 2 runners or sills and an escape panel
designed as follows:
(1) For a rectangular
wire or plastic mesh trap:
a. At least 2
parallel runners or sills attached to the bottom of the trap running along the
entire length of the exterior; and
b. An unobstructed escape panel which shall
be:
1. Located in the parlor section on the
sides or end;
2. Hinged at the top
of positively buoyant panels or at the bottom of negatively buoyant
panels;
3. Tied with an untreated
natural fiber such as cotton, sisal, hemp or jute not exceeding 3/16 inches in
diameter before immersion in sea water, or a piece of non-stainless, uncoated
ferrous metal wire not exceeding 3/32 inches in diameter; and
4. Of sufficient size to create an opening of
at least 3-3/4" x 3-3/4" when the panel is removed or opened;
(2) Any non-rectangular
wire or plastic mesh trap shall have at least 2 runners or sills and shall have
an escape panel designed to create a space of at least 3-3/4" x 3-3/4" when
open;
(3) The construction design
of the runners, or sills, and the escape panels of a non-rectangular wire or
plastic mesh trap shall be approved in writing by the executive director after
inspection by his agent shows that the design of the trap will fish the same as
the criteria for traps under (d)(1), above;
(4) Nothing shall be placed in the parlor
section of any rectangular wire or plastic mesh trap, whatever the design,
which would obstruct the 3-3/4" x 3-3/4" escape panel after disintegration of
the natural fiber or other material;
(5) For a wood lath half-round or so-called
"round" or wood rectangular trap:
a. Every
wood lath half round or so-called "round" or wood rectangular trap shall have
at least 2 parallel runners or sills on the bottom, running the entire length
of the trap exterior;
b. Every wood
lath half-round or so-called "round" or wood rectangular trap shall have an
unobstructed escape panel which shall be:
1.
Created by one untreated, softwood lath running the full length of the parlor
section, which shall:
(i) Have the same
dimensions as the other laths on the trap;
(ii) Not be located where it will rest on the
sea-bottom; and
(iii) After
disintegration, leave a space of at least 3.0 inches between adjacent laths;
and
2. An opening of at
least 3.0 inches between adjacent laths, running the length of the parlor
section which is laced with an untreated natural fiber such as cotton, sisal,
hemp, or jute not exceeding 3/16 inches in diameter before immersion in sea
water; and
c. Nothing
shall be placed in the parlor section of a wood lath half-round or so-called
"round" or wood rectangular trap which might obstruct the 3 inch opening after
disintegration of the untreated lath or natural fiber lacing; and
(6) Any other type of wooden trap
shall have runners or sills as described in (5)b.1. and an unobstructed escape
panel laced with an untreated natural fiber such as cotton, sisal, hemp or jute
not exceeding 3/16 inches diameter before immersion in sea water to provide a
minimum opening of at least 3 3/4" x 3-3/4" in the parlor section when lacing
disintegrates.
(e) The
executive director shall exempt a specific trap design from the provisions of
Fis
602.10(d) if the trap design will
take only crabs and is incapable of taking lobsters.
(f) Any such trap design that meets the
requirements of (e) above shall be approved by the executive director in
writing after inspection by his agent.
#4170, eff 11-26-86; amd by #4247, eff 3-30-87; amd by
#4616, eff 5-25-89; ss by #5789, eff 2-18-94; amd by #5953, eff 1-25-95; amd by
#6916, eff 12-22-98; amd by #7002, eff 5-25-99; ss by #7215, eff 3-16-00,
EXPIRED: 3-16-08
New. #9216, INTERIM, eff 7-24-08;
ss by #9299, eff 10-22-08
