13-188 CMR Ch. 25

DEPARTMENT OF MARINE RESOURCES

Chapter 25: LOBSTER AND CRAB REGULATIONS

TITLE INDEX

25.01 Lobster Fishing in Waters Adjacent to Criehaven

25.02 Definitions

25.03 Taking of Lobsters in York River

25.04 Lobster Trawl Limits

25.05 Lobster Trap Removal

25.06 Vessel Ownership

25.07 ASMFC Lobster Management Areas and Limitations

25.08 Lobster Trap Tag System

25.09 Procedure for Issuing Seed Lobster Permits

25.10 Lobster Trap Limits Established by Lobster Management Zones

25.11 Lobster and Crab Bait Review Process

25.12 Alternative Bait Labeling

25.15 V-notching Lobsters

25.20 Protected Resources (see Chapter 75)

25.40 Green Crabs

25.45 Crab Fishing Limitations

25.50 Closed Season Regulation on Fishing for Crabs in Sheepscot River

25.55 Closed Season on Fishing for Crabs in Damariscotta River

25.60 Closed Season on Fishing for Crabs in Medomak River

25.65 Lobster and Crab Closure in Penobscot River

25.70 Legal Lobster Tails

25.75 Lobster Import/Export Permit

25.80 Lobster Trap Construction Regulation

25.82 Lobster Trap Maximum Size

25.85 Lobster Trap Escape Vent Dimensions

25.90 Swans Island Area Lobster Trap Regulation

25.93 Management Framework for Limiting Lobster Fishing Effort on a Local or Regional Basis -

Operational Rules

25.94 Lobster Management Zones

25.95 Monhegan Island Area Lobster Trap Regulation

25.96 Lobster Apprentice Program

25.97 Management Framework for Island Limited Entry Program

Chapter 25 page 1

25.01 Lobster Fishing in Waters Adjacent to Criehaven

The waters around the Island of Criehaven within the following described limits: beginning at the

southern end of Hogshead, so-called, running west by north 2 nautical miles, thence, southwest

by south 3 1/2 nautical miles, thence, east, southeast 3 nautical miles, thence, northeast 3 nautical

miles, thence to the first mentioned bound, shall be closed or opened to lobster fishing whenever

a majority of the lobster fishermen at Criehaven so petition the Commissioner.

25.02 Definitions

A. “Rigged to Fish for Lobster” means to have on board a lobster fishing vessel a machine

capable of hauling lobster traps. This device could be a pot hauler or other mechanical

device capable of hauling lobster traps to the surface.

B “Alternative bait” means any bait that does not naturally originate from the ocean in

accordance with 12 M.R.S.A. §6175. See Chapter 25.12 for regulations.

C. “Approved crab trap” means any top-entry trap with an opening on the top of the trap that

has a minimum diameter of 3.66 inches.

D. “Gray Zone” means all waters surrounding Machias Seal Island, off of Eastern

Washington County, and within the following two boundaries:

Eastern Boundary Coordinates:

1. 44° 46' 35.346'' N, 66° 54' 11.253'' W

2. 44° 44' 41'' N, 66° 56' 17'' W

3. 44° 43' 56'' N, 66° 56' 26'' W

4. 44° 39' 13'' N, 66° 57' 29'' W

5. 44° 36' 58'' N, 67° 0' 36'' W

6. 44° 33' 27'' N, 67° 2' 57'' W

7. 44° 30' 38'' N, 67° 2' 38'' W

8. 44° 29' 3'' N, 67° 3' 42'' W

9. 44° 25' 27'' N, 67° 2' 16'' W

10. 44° 21' 43'' N, 67° 2' 33'' W

11. 44° 14' 6'' N, 67° 8' 38'' W

12. 44° 11' 12'' N, 67° 16' 46'' W

13. 42° 53' 14'' N, 67° 44' 35'' W

14. 42° 31' 8'' N, 67° 28' 5'' W

15. 40° 27' 5'' N, 65° 41' 59'' W

Western Boundary Coordinates:

1. 44° 46' 35.346'' N, 66° 54' 11.253'' W

2. 44° 45' 44'' N, 66° 55' 4'' W

3. 44° 45' 21'' N, 66° 55' 35'' W

4. 44° 45' 17'' N, 66° 55' 40'' W

5. 44° 45' 5'' N, 66° 56' 2'' W

Chapter 25 page 2

6. 44° 44' 30'' N, 66° 56' 36'' W

7. 44° 44' 23'' N, 66° 56' 41'' W

8. 44° 44' 7'' N, 66° 56' 54'' W

9. 44° 44' 3'' N, 66° 56' 57'' W

10. 44° 43' 38'' N, 66° 57' 14'' W

11. 44° 43' 22'' N, 66° 57' 27'' W

12. 44° 42' 58'' N, 66° 57' 48'' W

13. 44° 42' 39'' N, 66° 58' 3'' W

14. 44° 42' 17'' N, 66° 58' 26'' W

15. 44° 41' 57'' N, 66° 58' 55'' W

16. 44° 41' 43'' N, 66° 59' 16'' W

17. 44° 40' 38'' N, 67° 0' 12'' W

18. 44° 40' 33'' N, 67° 0' 17'' W

19. 44° 40' 14'' N, 67° 0' 26'' W

20. 44° 39' 44'' N, 67° 0' 44'' W

21. 44° 39' 36'' N, 67° 0' 47'' W

22. 44° 39' 11'' N, 67° 1' 10'' W

23. 44° 38' 31'' N, 67° 1' 42'' W

24. 44° 38' 11'' N, 67° 1' 55'' W

25. 44° 37' 46'' N, 67° 2' 14'' W

26. 44° 37' 27'' N, 67° 2' 22'' W

27. 44° 36' 23'' N, 67° 6' 26'' W

28. 44° 36' 2'' N, 67° 7' 9'' W

29. 44° 34' 57'' N, 67° 9' 27'' W

30. 44° 33' 8'' N, 67° 11' 22'' W

31. 44° 32' 57'' N, 67° 11' 31'' W

32. 44° 32' 34'' N, 67° 11' 47'' W

33. 44° 30' 47'' N, 67° 13' 57'' W

34. 44° 29' 49'' N, 67° 15' 9'' W

35. 44° 29' 47'' N, 67° 15' 11'' W

36. 44° 28' 10'' N, 67° 16' 1'' W

37. 44° 23' 56'' N, 67° 18' 6'' W

38. 44° 23' 36'' N, 67° 18' 16'' W

39. 44° 22' 36'' N, 67° 18' 15'' W

40. 44° 20' 50'' N, 67° 18' 2'' W

41. 44° 12' 6'' N, 67° 16' 56'' W

42. 44° 11' 12'' N, 67° 16' 46'' W

43. 42° 53' 14'' N, 67° 44' 35'' W

44. 42° 31' 8'' N, 67° 28' 5'' W

45. 40° 27' 5'' N, 65° 41' 59'' W

Chapter 25 page 3

25.03 Taking of Lobsters in York River

No person shall catch, take or trap lobsters in York River, York County, from its source to a line

running from Rock's Nose, so- called, to the red painted rock on Stage Neck, so-called, on the

opposite shore.

25.04 Lobster Trawl Limits

A. Casco Bay

It shall be unlawful to have on any trawl more than 12 lobster traps in waters within the

following area: Starting at Martin Point, Portland; southeasterly to the northern end of

House Island, Portland; thence southeasterly to the northeast point of White Head,

Cushing Island, Portland; thence easterly to the southwest point of outer Green Island;

thence easterly to the light at Halfway Rock; thence northwesterly to the Green Island

Ledge Buoy; thence northwesterly to Parker Point, Yarmouth.

B. It is unlawful to have on any trawl more than 3 lobster traps in the following areas:

1. West of Cape Elizabeth and east of Kittery. Westerly of a line drawn from the

active lighthouse at Two Lights in Cape Elizabeth through the Hue and Cry Buoy

and, continuing in a straight line, to the point of intersection with the 3-nautical-

mile line, and northerly and easterly of a line running between the Kitts Rocks

Whistle Buoy and the West Sister Buoy and extending westerly to the New

Hampshire border, and from the West Sister Buoy to the Murray Rock Buoy and

thence to and through the lighthouse on Boone Island and, continuing in a

straight line, to the point of intersection with the 3-nautical-mile line;

2. Between Pemaquid and Robinson's Points. Between the following lines:

A. Beginning at a point 48 miles true north of the lighthouse on Pemaquid

Point, Lincoln County; thence true south through the lighthouse to a

point of intersection with the 3-nautical-mile line; and

B. Beginning at a point 40 miles true north from the lighthouse at

Robinson's Point, Isle au Haut, Knox County; thence true south through

the lighthouse to a point of intersection with the 3-nautical-mile line;

3. Off Hancock County and within the following areas. Beginning at the

Southern tip of Schoodic Point at 44° 19.900’ N and 068° 03.609’ W;

proceeding in a southeasterly direction along the Zone A/B line to its

intersection with the “three mile line” at 44° 16.45' N, 68° 2.24' W; thence

running in a southwesterly direction along the “three mile line”, as described in

DMR Chapter 75.01 A-8, to its intersection with the lobster Zone B/C line at

44° 1.994’ N and 68° 28.581’ W thence; thence following the B/C line to

latitude 44° 01.376’ N and 068° 28.396’ W; thence running west to the point of

intersect with the line described in subsection 2, paragraph B; and then

Chapter 25 page 4

following that line north to its point of origin 40 miles true north of the

lighthouse at Robinson’s Point, Isle Au Haut, Knox County

C. It is unlawful to have on any trawl more than 5 lobster traps in the following area

off Hancock County:

A. From the intersection of the eastern boundary of Lobster Zone B with the

Maine Six Mile Line at 44° 8.64' N, -67° 59.19' W, proceeding in a southerly

direction for ~9.2 NM along the eastern boundary of Lobster Zone B to 43°

59.75' N, 67° 55.72' W, then ~6.7 NM southwesterly to 43° 56.0' N, 68°

3.26', thence True west to a point on the Mount Desert Rock 3NM line at

43.0° 56.0' N, 68.0° 4.63' W, following the 3NM line to 43.0° 56.0' N, 68.0°

10.84' W, continuing True west to the Maine Six Mile line at 43.0° 56.0' N,

68.0° 23.04' W. Thence following the Maine Six Mile line in a northeast

direction back to 44° 8.64' N, 67° 59.19' W.

B. In Maine Lobster Zone B described in 25.94 (2)(b), between the “three

nautical mile line” described in 75.01 (A)(8) and the Maine six mile line

described in 75.01 (A)(6).

D. Beals Island to Libby Island, Washington County

It shall be unlawful to have on any trawl more than 4 lobster traps in waters within the

following area: A line starting at the Southeast tip of Kelly Point, Jonesport, thence

following a southerly direction on a course of 170 degrees True to the most southern end

of Freeman Rock, Jonesport (southwest of Moose Peak Light) as identified on National

Oceanic and Atmospheric Administration nautical charts. Thence following a compass

course 60 degrees True to the geographic coordinates N 44º 32.6' W 67º 21.1'. Thence

following a compass course of 305 degrees True to the most southern tip of Cow Point,

Roque Bluffs.

E. Kittery

It is unlawful to have on a trawl more than 10 lobster traps in the waters southerly of a

line running between the Kitts Rocks Whistle Buoy and the West Sister Buoy and

extending westerly to the New Hampshire border, and from the West Sister Buoy to the

Murray Rock Buoy and thence to and through the lighthouse on Boone Island and,

continuing in a straight line, to the point of intersection with the 3-nautical-mile line.

Each trawl set in this area must be marked on each end with at least one buoy with a buoy

stick of at least 4 feet in length.

F. Linekin Bay

It is unlawful to fish for or take lobsters with more than two traps on any one line or buoy

in the waters of Linekin Bay, Lincoln County, inside and northerly of a line drawn as

follows: starting at the southern tip of Spruce Point, Boothbay Harbor, southerly to a red

navigational buoy N"2"; thence southeasterly to a green navigational buoy C"1"; thence

easterly to the northern tip of Oak Island; thence true east to Linekin Neck, Boothbay.

Chapter 25 page 5

G. Sheepscot Bay and Sequin Island Area

It is unlawful to have on any trawl more than three lobster and crab traps or shrimp traps

in coastal waters inside and upstream of the following line: starting at the southern tip of

Indiantown Island, Boothbay; thence southerly to the northernmost point on Cameron

Point, Southport; then starting at the southwest point of Southport; thence southeast to the

Cuckolds; thence southerly 188ºT. to the territorial limits of the State (LORAN C

coordinates 13054.5 and 25904.0); thence westerly to Mile Ledge Bell R20ML; thence

northwesterly to the navigational buoy C (1JK) Jackknife Ledge; thence northerly to the

southern tip of Wood Island; thence northerly from the northern tip of Wood Island to the

most southeast point on Popham Beach, Phippsburg.

25.05 Lobster Trap Removal

Summary:* This regulation established the procedure for removal of traps, warps, buoys or cars

that are washed up above the mean low water mark or are otherwise abandoned or lost pursuant

to 12 M.R.S.A. §6434.

1. A lobster trap, car, buoy or warp may be moved or removed from the waters or shores of

the state for the purpose of returning the lobster gear to the licensed owner or properly

disposing of lobster gear by any person who has written permission from a Marine Patrol

Officer. Any person who wants to obtain written permission to remove the above

described gear must contact the Department in advance of removal. Such written

permission shall include amount and type of gear, license number, (if available), and final

destination of said gear.

2. Any person who possesses traps, warps, buoys or cars and is not a Marine Patrol Officer,

the licensed owner or someone with written permission from the licensed owner or a

Marine Patrol officer, shall be in violation of 12 M.R.S.A. §6434.

25.06 Vessel Ownership

A. When application information concerning vessel ownership changes, the license holder

shall immediately notify the Commissioner in writing within 3 business days or the

license shall become void pursuant to 12 M.R.S.A. §6301(5).

B. Upon request the Commissioner may require the holder of a lobster and crab license,

which identifies a vessel on that license, to certify to the Department that they meet the

definition of a vessel owner as established under 12 M.R.S.A. §6431-E(1)(B).

Chapter 25 page 6

25.07 ASMFC Lobster Management Areas and Limitations

A. Definitions

1. Lobster Management Area 1

“Lobster Management Area 1” is defined by the area, including state and Federal waters that

are near-shore in the Gulf of Maine, bounded by straight lines connecting the following

points, in the order stated, and the coastline of Maine, New Hampshire, and Massachusetts to

the northernmost point on Cape Cod:

Point Latitude Longitude

A 43°58' N. 67°22' W.

B 43°41' N. 68°00' W.

C 43°12' N. 69°00' W.

D 42°49' N. 69°40' W.

E 42°15.5' N. 69°40' W.

G 42°05.5' N. 70°14' W.

G1 42°04.25' N. 70°17.22' W.

G2 42°02.84' N. 70°16.1' W.

G3 42°03.35' N. 70°14.2' W.

Along the coastline of Massachusetts,

New Hampshire, Maine, and the

seaward EEZ boundary back to point A.

2. Lobster Management Area 2

“Lobster Management Area 2” is defined by the area, including state and Federal waters that

are near-shore in Southern New England, bounded by straight lines connecting the following

points, in the order stated:

Point Latitude Longitude

H 41°40' N. 70°00' W.

I 41°15' N. 70°00' W.

J 41°21.5' N. 69°16' W.

K 41°10' N. 69°06.5' W.

L 40°55' N. 68°54' W.

M 40°27.5' N. 72°14' W.

N 40°45.5' N. 71°34' W.

O 41°07' N. 71°43' W.

P 41°06.5' N. 71°47' W.

Q 41°11'30" N. 71°47'15" W.

R 41°18'30" N. 71°54'30" W.

From point "R" along the maritime

boundary between Connecticut and

Rhode Island to the coastal

Connecticut/Rhode Island boundary

and then back to point "H" along the

Rhode Island and Massachusetts

coast.

3. Area 2/3 Overlap

“Area 2/3 Overlap” is defined by the area, comprised entirely of Federal waters, bounded by

straight lines connecting the following points, in the order stated:

Point Latitude Longitude

K 41°10' N. 69°06.5' W.

L 40°55' N. 68°54' W.

M 40°27.5' N. 72°14' W.

N 40°45.5' N. 71°34' W.

Chapter 25 page 7

4. Lobster Management Area 3

“Lobster Management Area 3” is defined by the area, comprised entirely of Federal waters,

bounded by straight lines connecting the following points, in the order stated:

Point Latitude Longitude

A 43°58' N. 67°22' W.

B 43°41' N. 68°00' W.

C 43°12' N. 69°00' W.

D 42°49' N. 69°40' W.

E 42°15.5' N. 69°40' W.

F 42°10' N. 69°56' W.

K 41°10' N. 69°06.5' W.

N 40°45.5' N. 71°34' W.

M 40°27.5' N. 72°14' W.

U 40°12.5' N. 72°48.5' W.

V 39°50' N. 73°01' W.

X 38°39.5' N. 73°40' W.

Y 38°12' N. 73°55' W.

Z 37°12' N. 74°44' W.

ZA 35°34' N. 74°51' W.

ZB 35°14.5' N. 75°31' W.

ZC 35°14.5' N. 71°24' W.

From point "ZC" along the seaward

EEZ boundary to point "A".

5. Lobster Management Area 4

“Lobster Management Area 4” is defined by the area, including state and Federal waters that

are near-shore in the northern Mid-Atlantic, bounded by straight lines connecting the

following points, in the order stated:

Point Latitude Longitude

M 40°27.5' N. 72°14' W.

N 40°45.5' N. 71°34' W.

O 41°07' N. 71°43' W.

P 41°06.5' N. 71°47' W.

S 40°58' N. 72°00' W.

T 41°00.5' N. 72°00' W.

From Point "T", along the New

York/New Jersey coast to Point "W".

W 39°50' N. 74°09' W.

V 39°50' N. 73°01' W.

U 40°12.5' N. 72°48.5' W.

From Point "U" back to Point "M".

6. Lobster Management Area 5

“Lobster Management Area 5” is defined by the area, including state and Federal waters that

are near-shore in the southern Mid-Atlantic, bounded by straight lines connecting the

following points, in the order stated:

Point Latitude Longitude

W 39°50' N. 74°09' W.

V 39°50' N. 73°01' W.

X 38°39.5' N. 73°40' W.

Y 38°12' N. 73°55' W.

Z 37°12' N. 74°44' W.

ZA 35°34' N. 74°51' W.

ZB 35°14.5' N. 75°31' W.

From Point "ZB" along the coasts of North

Carolina, Virginia, Maryland, Delaware,

New Jersey back to Point "W".

Chapter 25 page 8

7. Lobster Management Area 6

“Lobster Management Area 6” is defined by the area, including New York and Connecticut

state waters, bounded by straight lines connecting the following points, in the order stated:

Point Latitude Longitude

T 41°00.5' N. 72°00' W.

S 40°58' N. 72°00' W.

From Point "S", boundary follows the

3 mile limit of New York as it curves

around Montauk Point to Point "P"

P 41°06.5' N. 71°47' W.

Q 41°11'30" N. 71°47'15" W.

R 41°18'30" N. 71°54'30" W.

From point "R", along the maritime

boundary between Connecticut and

Rhode Island to the coast; then west

along the coast of Connecticut to the

western entrance of Long Island

Sound; then east along the New York

coast of Long Island Sound and back

to Point "T".

8. Outer Cape Lobster Management Area

“Outer Cape Lobster Management Area” is defined by the area, including state and Federal

waters off Cape Cod, bounded by straight lines connecting the following points, in the order

stated:

Point Latitude Longitude

F 42°10' N. 69°56' W.

G 42°05.5' N. 70°14' W.

G1 42°04.25' N. 70°17.22' W.

G2 42°02.84' N. 70°16.1' W.

G3 42°03.35' N. 70°14.2' W.

From Point G3 along the outer Cape

Cod coast to Point H.

H 41°40' N. 70°00' W.

I 41°15' N. 70°00' W.

J 41°21.5' N. 69°16' W.

From Point "J" back to Point "F".

Chapter 25 page 9

9. “ASMFC” means the Atlantic States Marine Fisheries Commission.

10. “ASMFC Interstate Fishery Management Plan (FMP) for American lobster”

The “ASMFC Interstate Fishery Management Plan (FMP) for American lobster” for the

purposes of this regulation means the most recent plan, which is Amendment 3 to the

Interstate Fishery Management Plan for American Lobster (1997) and Amendment 3

Addendums I (Aug. 1999), II (Feb. 1, 2001), III (Feb. 20, 2002) and IV (Dec. 2003).

These documents and related materials are available from: http://www.asmfc.org/ or

contacting the Commission at telephone: (202) 289-6400.

B. Lobster Fishing Limitations

For persons possessing a valid Maine lobster and crab fishing license and who also own or are

incorporated/partnered in a vessel holding a Federal Limited Access Lobster Permit (Federal

Lobster Permit), the following shall apply:

1. The license holder shall annually declare all Lobster Management Areas (LMAs) that are

listed on their Federal Lobster Permit. This declaration shall be made at the time of

application for issuance of the license on forms provided by the Department. In

accordance with the ASMFC FMP, a person declaring any Maine Lobster Management

Zone (LMZ A - G) must also declare federal Lobster Management Area 1.

2. Once declared, LMA’s may not be changed until the next licensing year. LMA’s declared

to the Department as of January 1

shall be identical to LMA’s declared to the National

Marine Fisheries Service (NMFS) on forms provided by NMFS concerning the fishing

activities, for the federal license year beginning May 1

of the same calendar year, by the

vessel owned/incorporated/partnered by the federal lobster permit holder.

3. Lobster trap tags designating the LMA’s in which they may be fished shall be issued to

federally-permitted vessels based on the LMA’s declared.

4. If multiple LMA’s are declared and the management measures for the declared LMA’s

differ, any vessel owner permitted to fish in the federal exclusive economic zone (EEZ)

must comply with the most restrictive management measures for the LMA’s declared, as

contained in the ASMFC Interstate Fishery Management Plan (FMP) for American

lobster, wherever the fishing activity occurs.

(a) Determining trap limits

Total trap limits must be determined using the highest number of traps allowed

within each management area, and applying the most restrictive rule. Most

restrictive rules shall not apply to the actual allocation granted to individuals

within each management area. At no time shall an individual’s total number of

traps fished exceed the total number of tags issued, or the number of traps

qualified to fish within each designated area.

Chapter 25 page 10

25.08 Lobster Trap Tag System

A. Prohibitions

(1) No person shall fish with or have on board a vessel a lobster trap unless a valid

lobster trap tag issued by the Commissioner is securely attached to the frame of the

trap. The lobster trap tag shall be affixed to the bridge of the lobster trap so that the

tag information is clearly visible for inspection by a Marine Patrol Officer.

(2) No person shall fish with, lift, haul, raise, or transport any lobster trap with a tag

which has been tampered with or where the tag number is illegible or missing.

(3) (Expired)

(4) (Expired)

(5) Fishing in a Non-Declared Lobster Zone

By June 1, 2017, all Class I, Class II or Class III lobster and crab fishing license

holders must affix a second zone tag to their traps when fishing those traps in a

zone other than their declared lobster zone. This second zone tag will be in

addition to their declared lobster zone tag.

A person who holds a Class I, Class II or Class III lobster and crab fishing license

may not fish more than 49% of that person’s lobster traps in a limited entry zone

unless that person's license identifies that zone as the declared lobster zone.

The tags must be obtained from the Department of Marine Resources.

The absence of a second tag on traps fished in a zone other than their declared

lobster zone shall be prima facie evidence of a violation of this regulation.

B. Trap Tags

(1) Any person fishing for lobsters or setting lobster gear must be a current licensed

lobster/crab fisherman, with the exception of persons holding a current marine

harvesting demonstration license authorized under 12 M.R.S.A. §6810-A.

License holders must declare the vessel or vessels, at the time of license issuance

or renewal, to which that license holder’s trap tags will be allocated pursuant to

the license. A license holder may declare up to two vessels, except that a

noncommercial lobster and crab license holder may declare no more than one

vessel. The owner of a declared vessel will be given priority in the issuance of

trap tags. If the license holder does not declare a vessel, he or she may be issued

trap tags that will be considered unregistered. It is unlawful to fish with, lift, haul,

raise or transport any lobster trap with an unregistered trap tag.

(2) No license holder shall be issued trap tags in an amount or manner that causes

that license holder or his/her declared vessel to exceed the applicable vessel trap

limit established pursuant to 12 M.R.S. §6431-A and §6421(3-A)(F) or the vessel

operation requirements established pursuant to §6431-G. The issuance of trap

tags shall be consistent with the individual trap limits, zone trap limits, boat trap

Chapter 25 page 11

limits and vessel limitation and vessel operation law and regulation. No license

holder may set, haul, retrieve or take lobsters from a trap unless the trap contains

a trap tag issued to that license holder. No license holder may use a vessel to set,

haul, retrieve or take lobsters from a trap unless that trap contains a trap tag

allocated to that vessel in accordance with the license holder’s vessel declaration;

except as authorized by the Commissioner pursuant to 12 M.R.S. §6431-

G(2)(A),(B) or (C).

(3) A lobster trap tag is valid starting June 1 of each year. Trap tags shall be valid

until May 31 of the following year (12 months).

(4) Tags shall be replaced each lobster fishing year, when supplied by the Commissioner.

(5) License holder’s presence aboard

A license holder must be present aboard any vessel involved in setting, hauling,

retrieving or taking lobsters from lobster traps for which such license holder has

been assigned tags under this regulation. The Commissioner may authorize

another person to fish for or take lobsters from a vessel when an owner is not on

board if an illness or disability temporarily prevents that owner from fishing for

or taking lobsters from that vessel and provided that person holds a Class I, II or

III lobster and crab fishing license. For the purpose of this section temporary

means up to the end of the current license year, unless otherwise specified by the

Commissioner in the authorization. Such notification shall describe the disability

or illness, the identity of the person who will be acting on the license holder’s

behalf and the time period involved. The Commissioner may approve of such

substitution under such reasonable conditions as he may require in order to

effectuate the purpose and intent of this regulation.

(6) Trap tag requirements for persons holding a marine harvesting demonstration license

authorized under 12 M.R.S.A. §6810-A are provided in Chapter 110.

C. Lost Tag Replacement

The Commissioner, through his representatives, may issue additional tags to compensate

for lobster traps and tags lost, up to 10% of the number of tags issued in that year to the

registrant. In the event of catastrophic loss, the Commissioner may issue additional

replacement tags in excess of this 10% limitation but may require that a hearing first be

held in order to obtain satisfactory evidence of such loss.

D. Marine Patrol Officers

(1) Marine Patrol Officers may inspect, at any time, any trap or related equipment to

ensure compliance with this regulation. The absence of lobster traps tags attached

to lobster traps, as required by the chapter, shall be prima facie evidence of a

violation of the regulation.

(2) Provision for on-shore trap count

Chapter 25 page 12

The Commissioner of the Department of Marine Resources may order a registrant to

display lobster traps for an on-shore trap count to verify the amount of lobster traps

being fished to be in compliance with 12 M.R.S.A. §6431-A.

E. Trap Tag Fees

Price of tags and replacement tags will be set by the Commissioner to cover the costs of

trap tags, the cost of administering and enforcing the lobster tag system and other costs

associated with 12 M.R.S.A. §6431-B.

F. All requests for approval by the Commissioner of a variance from the requirements of

Chapter 25.08 B(2) and or (5) must be made to the department in writing; and any such

approvals which are granted will be in the form of a special circumstances permit. Any

fishing activity not expressly authorized in the special circumstance permit granted by the

Commissioner shall be a violation of this subsection and subject to prosecution and or

seizure.

25.09 Procedure for Issuing Seed Lobster Permits

A. Definitions

(1) Maine Lobster Pound Owner

For the purpose of allocating funds under 12 M.R.S.A. §6451(2), a lobster pound

owner is a person who owns an open air tidal circulated, or cove type facility, that

has a minimum capacity of 20,000 pounds of lobsters (exclusive of tank rooms).

(2) Season

The Seed Lobster Program shall have an annual season of January 1 to November 30.

B. Procedures

(1) Application deadline

Prior to May 1 of each year, the Commissioner shall notify pound owners, who

hold current wholesale seafood licenses, of the opportunity to participate in the

Seed Lobster Program. Current wholesale seafood license holders must return the

application form by May 15 to participate in the program for the current year.

(2) Set seed lobster purchase price

The Commissioner shall establish the price to be paid for seed lobsters during the

current year, pursuant to 12 M.R.S.A. §6451(2). The price shall be calculated

based on the prior year’s DMR Landings Program records for American Lobster.

The price per pound shall be calculated as follows:

(a) Divide the landed value by the live pounds for the average price per

pound to be used as the price for the program year.

Chapter 25 page 13

Disbursement of Funds will be made after December 1.

(3) Allocation of money

(a) The Commissioner shall establish, with the advice of the Lobster

Advisory Council, the amount of money to be expended each year for the

purpose of purchasing seed lobsters from Maine lobster pound owners

who are holders of current wholesale seafood licenses.

(b) Notwithstanding Chapter 25.09(B)(2) above, if liberations by pound

owners exceeds the amount of money allocated for purchase of seed

lobsters, each pound owner will be compensated for pounds liberated

based on the following formula:

Funds available/ Total pounds liberated = Price per pounds liberated

(d) If liberations by pound owners are less than the funds allocated for

purchase of seed lobsters, the Commissioner may purchase female

lobsters by competitive bid up to the amount remaining in the seed

lobster purchase allocation for the current year.

(e) The Department shall indicate the condition of the lobsters at the time of

liberation. Pound owners will not be reimbursed for unhealthy lobsters.

(4) Permit

(a) The Commissioner shall issue a permit to pound owners to hold and

deliver seed lobsters to the Department in the amount to be purchased.

(b) Seed lobsters removed from pounds that are in excess of the amount

stated in the permit must be liberated immediately or arrangements made

to turn the lobsters over to the Department to be v-notched and liberated.

The Department will provide a receipt (liberation slip) for all liberated

lobsters.

Chapter 25 page 14

25.10 Lobster Trap Limits Established by Lobster Management Zones

The Commissioner may adopt rules for a zone under 12 M.R.S.A. §6446 and §6447 that place

limits on lobster and crab fishing license holders who fish in that zone regarding the number of

lobster traps fished and the time periods allowed for complying with that number in accordance

with the requirements of each statute.

1. Zone G

(a) The trap limit for each license holder who is licensed to fish in Zone G shall be:

a trap limit of 1200 as of March 1, 1998,

a trap limit of 1000 as of March 1, 1999 and

a trap limit of 800 as of March 1, 2000.

(b) Limited lobster fishing in the vicinity of Kittery.

Each trawl, set in the area defined in 12 M.R.S.A. §6439-A, shall be marked at each end

with buoy sticks of at least 4 feet in length.

2. Zone E

The trap limit for each license holder who is licensed to fish in Zone E shall be:

a trap limit of 800 as of March 1, 1998,

a trap limit of 700 as of March 1, 1999 and

a trap limit of 600 as of March 1, 2000.

3. Zone D

The trap limit for each license holder who is licensed to fish in Zone D shall be:

a trap limit of 1200 as of March 1, 1998,

a trap limit of 1000 as of March 1, 1999 and

a trap limit of 800 as of March 1, 2000.

4. Zone F

The trap limit for each license holder who is licensed to fish in Zone F shall be:

a trap limit of 1000 as of March 1, 1999 and

a trap limit of 800 as of March 1, 2000.

Chapter 25 page 15

5. Zone B

The trap limit for each license holder who is licensed to fish in Zone B shall be:

a trap limit of 1000 as of March 1, 1999 and

a trap limit of 800 as of March 1, 2000.

6. Zone C

The trap limit for each license holder who is licensed to fish in Zone C shall be:

a trap limit of 1000 as of March 1, 1999 and

a trap limit of 800 as of March 1, 2000.

7. Zone A

The trap limit for each license holder who is licensed to fish in Zone A shall be:

a trap limit of 1200 as of June 1, 1998,

a trap limit of 1000 as of March 1, 1999 and

a trap limit of 800 as of March 1, 2000.

25.11 Lobster and Crab Bait Review Process

It shall be unlawful to sell or use any marine or freshwater organism as bait to fish for or take

lobsters or crabs that has not been reviewed and approved by the Department of Marine

Resources.

An individual may apply for the review of a bait source to the Department of Marine Resources

on forms supplied by the Commissioner. The Department will provide a written response within

60 days, whether the bait will be placed on the “approved” freshwater list or “prohibited” marine

list. A freshwater organism that has been reviewed and not listed as “approved” is prohibited as

bait. A marine organism that has been listed as “prohibited” is also prohibited as bait.

Application forms and lists of “approved” freshwater and “prohibited” marine bait will be made

available on the Department’s website at http://www.maine.gov/dmr/rm/lobster/index.htm or by

contacting the DMR Lobster Resource Coordinator at (207) 624-6550.

A. Application Process

Applications for approval shall contain the following information about the bait source:

• Name, address, email, and phone number of the applicant;

• Species including scientific name;

• Life cycle stage;

Chapter 25 page 16

• Body part;

• Farm raised or wild;

• Relevant certifications (disease or pest free, hazard analysis & critical control point, etc.);

• Area of origin;

• Proposed date(s) of removal;

• Intermediate processing location(s) and contact information of processing facility, if

applicable and

• Additional information necessary to determine if a bait source is safe for aquatic and

human populations.

B. Review

The Commissioner shall evaluate the level of risk associated with the proposed

introduction of a bait source into the marine environment by considering the potential

impacts to the marine ecosystem and consumers. Each evaluation shall consider the

probable effects of the introduction of the bait into the recipient area, including, but not

limited to:

1. The effects of any previous introduction of the same or a similar species in Maine

or other areas;

2. The relationship of the species of aquatic organism to be introduced with other

members of the recipient area ecosystem; and

3. The potential effects of infectious or contagious pathogens, pests, parasites, or

invasive species that might be associated with the species of aquatic organism to

be introduced upon other members of the ecosystem of the recipient area.

The Commissioner may conditionally approve a bait source by establishing conditions

necessary to prevent the spread of infectious or contagious pathogens, pests, parasites, or

invasive species to aquatic or human populations. The Commissioner may remove a bait

source from either list at any time in response to changed conditions or additional

information that merits reconsideration of the initial review.

If a species/location is placed on the “prohibited” marine list or not included on the

“approved” freshwater list, the applicant may petition for a permit to import the bait,

subject to testing requirements, proof of chain of custody and/or other information as

requested by the Commissioner.

The Department shall annually review and update the “approved” freshwater and

“prohibited” marine bait lists.

C. Lobster/Crab Bait Dealer

Any person who purchases lobster or crab bait for other than their own use and then sells

the bait as a wholesale or retail bait product, is considered a lobster/crab bait dealer.

D. Lobster/Crab Wholesale Bait Dealer Permit

Chapter 25 page 17

All lobster/crab bait dealers shall obtain a wholesale dealer license with bait endorsement

issued by the Department of Marine Resources. There will be no additional charge for the

lobster endorsement.

Lobster/crab bait dealers are required to provide a list of baits sold the previous year and

a list of baits that they plan to sell the following year, by February 1 annually. Detailed

records of each shipment of bait imported into the State of Maine shall be maintained by

the purchasing dealer for a minimum of 2 years. These records shall be made available to

the Department upon request.

E. Effective Date

This rule shall become effective upon the issuance of approved and prohibited bait lists

following an initial review by the Commissioner of marine or freshwater organisms for

use as bait to fish for or take lobster or crabs. The approved and prohibited bait lists will

be posted on the Department’s web site. Copies of the lists will also be available from the

Department.

25.12 Alternative bait labeling

Baits containing any substance not originating from the marine waters, which are sold in Maine

for use in the lobster/crab fishery, must be labeled in a manner that clearly lists all ingredients

contained in the bait, in descending order of volume. This includes, but shall not be limited to,

binders and chemicals or other agents used to remove hair from bait hide. The labeling must

appear on all product packaging that is utilized by the manufacturer for sale to the lobster or crab

industry.

Manufacturers shall provide the Department of Marine Resources (address: Area Coordinator,

State House Station 21, Augusta, Maine 04333) with a copy of the label containing the list of

ingredients before the sale or distribution of any of the alternative bait product in Maine. The

presence of any ingredient in an alternative bait product that is not contained in the label provided

to the department shall be prima facie evidence of a violation of this rule.

25.15 V-notching Lobsters

1. Mandatory V-notching Requirement

All lobster fishers are required to v-notch all egg bearing female lobsters caught in the

process of lobstering.

2. Zero Tolerance of V-notching

V-notched female lobster means any female lobster bearing a v-shaped notch of any size

in the flipper next to and to the right of the center flipper as viewed from the rear of the

female lobster. V-notched female lobster also means any female, which is mutilated in a

manner, which could hide, obscure or obliterate such a mark. The flipper right of the

center flipper will be examined when the underside of the lobster is down and its tail is

toward the person making the determination.

Chapter 25 page 18

25.20 Protected Resources [See Chapter 75]

25.40 Green Crabs

A. Definitions

(1) Green Crab. The green crab is defined as the species Carcinus maenas, also

known as the common shore crab.

(2) Green Crab Trap. “Green crab trap” means a trap, pot or other stationary

contrivance or device that may be set on the ocean bottom and used for taking

green crabs in compliance with the regulations in Chapter 25.40(B)(1)(b).

B. Trap Design and Marking Requirements

(1) It shall be unlawful to fish for or take green crabs with a trap other than:

(a) A trap constructed with any opening greater less than 1½ inch wide; any

length is allowed; or

(b) An approved crab trap as defined in Chapter 25 02(C).

(2) Escape Panel. All green crab traps must be equipped with a biodegradable

escape panel located next to the bottom edge that has a minimum size of 3 ¾

inches by 3 ¾ inches.

(3) Marking. It shall be unlawful to set, raise, lift or transfer any green crab trap

unless it is clearly marked with a buoy that has the owner’s green crab fishing

license number written on it. No floating or neutral line will be allowed. A green

crab only license holder must display a buoy with the green crab license number,

and the buoy must be mounted in a manner so that it is clearly visible on both

sides of the boat.

C. Limitations

(1) Fishing Method. Green crabs may be taken as a by-catch by DMR licensed

commercial lobster fishermen or by traps that meet the design and marking

requirements in Chapter 25.40(B), by hand, hook and line, or as by-catch in

another licensed fishery.

(2) Trawl Trap Limit. It shall be unlawful to have on a trawl more than 3 green

crab traps on one warp and buoy.

(3) Fishing Area. Fishing for green crabs shall be limited to the territorial waters of

the State of Maine defined as all waters of the State within the rise and fall of the

tide seaward to the 3-nautical-mile line as shown on the most recently published

Federal Government nautical chart, but does not include areas above any fishway

or dam when that fishway or dam is the dividing line between tidewater and fresh

water.

Chapter 25 page 19

(4) Lobster By-catch Prohibited. The holder of a commercial green crab only

license may not be in possession of any lobster or lobster parts in accordance

with 12 M.R.S. §6808(8) or other marine organism in accordance with laws and

regulations pertaining to the taking or possession of that species. Otherwise, any

marine organism caught by a green crab trap other than green crabs shall be

immediately liberated at the location of capture.

(5) Exemptions

(a) Personal Use. A license is not required to fish for, take, possess or

transport green crabs for personal use pursuant to 12 M.R.S. §6808(4).

(6) Enforcement. Marine Patrol Officers may inspect, at any time, any trap or

related equipment to ensure compliance with this regulation.

(7) Night prohibition. It shall be unlawful to fish for or take green crabs during the

period ½ hour after sunset, as defined in 12 M.R.S. §6001(46), until ½ hour

before sunrise, as defined in 12 M.R.S. §6001(45).

(8) Bait. Bait used in green crab traps shall comply with all applicable regulations

pursuant to 12 M.R.S. §6175 and §6432-A and Chapter 25.11.

D. License

(1) License Required. It is unlawful to take green crabs without a license pursuant

to 12 M.R.S.A. §6808, or as a by-catch in another licensed fishery.

25.45 Crab Fishing Limitations

1. License Endorsement

It shall be unlawful to harvest crabs by drag from the EEZ unless the harvester holds a

Commercial Fishing – Single license with the Dragged Crab Permit endorsement or a

Commercial Fishing – Crew license with the Dragged Crab Permit endorsement*. There

will be no additional charge for this permit. A lobster and crab fishing license issued

pursuant to 12 M.R.S.A. §6421 is not required to obtain this endorsement in accordance

with §6421, sub-§4(B).

*DMR License Division telephone (207-624-6550) or for online information

select the following link: http://www.maine.gov/dmr/license/index.htm.

2. Limits

A. Possession Limits

(1) For individuals taking dragged crabs as bycatch, it is unlawful to take,

possess or land more than 200 pounds (90.7 kg) of crabs per day, not to

exceed 500 pounds (226.8 kg) per trip.

Chapter 25 page 20

(2) For individuals fishing for or taking Jonah crabs recreationally, it is

unlawful to fish for, take or possess more than 50 Jonah crabs per person

per 24-hour day.

B. Size Limit

It is unlawful to take or possess a Jonah crab measuring less than 4.75 inches

across the shell from tip to tip of the posterior-most, longest spines along the

lateral margins of the carapace.

C. Prohibitions on Possession

(1) It is unlawful to take or possess any egg-bearing, female Jonah crab.

(2) While on board a vessel, it is unlawful to take or possess any Jonah crab,

or part thereof, which is mutilated in a manner which makes accurate

measurement impossible, except that a lobter and crab fishing license

holder may take and possess a volume of crab claus detached at sea not

to exceed five gallons..

D. Closed Seasons

(1) Closed Season Regulation on Fishing for Crabs in Sheepscot River

It shall be unlawful to fish for or take crabs, except green crabs from

December l to April 30, both days inclusive, from the waters inside and

upstream of the following lines:

(a) From the extreme tip of Phipps Point, Woolwich, to the southern

tip of Hubbard's Point in Westport;

(b) From the tip of Kehail Point, Westport, to the most southerly end

of Barter's Island in the town of Boothbay;

Bridge, in the town of Boothbay.

Chapter 25 page 21

(2) Closed Season on Fishing for Crabs in Damariscotta River

It shall be unlawful to fish for or take crabs, except green crabs from

December l to April 30, both days inclusive, in the Damariscotta River above

a straight line drawn across the River from a point on the shore of Back

Narrows on the west side of the River in the Town of Boothbay intersecting

the southwestern point of Fort Island and the red nun navigational Buoy #10

to a point on the opposite shore in the Town of South Bristol.

(3) Closed Season on Fishing for Crabs in Medomak River

It is unlawful to fish for or take crabs, except green crabs from December

1 to April 30, both days inclusive, in the Medomak River, from the waters

inside and upstream of a line drawn from the southernmost tip of Jones

Neck in Waldoboro northwest to the southernmost tip of Hardy Island

then true west to Keene Neck in Bremen, including all waters of Broad

Cove, Eastern Branch and Western Branch.

25.50 Closed Season Regulation on Fishing for Crabs in Sheepscot River (Repealed)

25.55 Closed season on fishing for crabs in Damariscotta River (Repealed)

25.60 Closed Season on Fishing for Crabs in Medomak River (Repealed)

25.65 Lobster and Crab Closure in Penobscot River

It is unlawful to fish for or take lobsters or crabs by any means from the waters north of a line

starting at the western most point of Perkins Point in the Town of Castine continuing in a

northwesterly direction to the southern most point of Squaw Point on Cape Jellison in the Town

of Stockton Springs. This section does not apply to equipment operated by the Department of

Marine Resources.

25.70 Legal Lobster Tails

Except as provided in 12 MRS §6431-A(6-B), it shall be unlawful to buy, sell, give away,

transport, ship or possess:

A. Any cooked lobster tail meat less than 3 7/32 inches or more than 6 3/16 inches in length

when laid out straight and measured from the proximal end of the deep flexor muscle to

the far end of the sixth abdominal segment.

B. Any lobster tails in the shell that weigh less than 2.7 ounces or more than 14 ounces.

Chapter 25 page 22

25.75 Lobster Import/Export Permit

A. Definitions

(1) Oversize Lobsters

"Oversize lobsters" shall mean any lobster, which is more than 5 inches in length,

as determined by the State lobster measure, in accordance with 12 M.R.S

§6431(1).

(2) DMR Seals

Shall mean a self-locking device, or waterproof paper seal preprinted with the

letters “DMR import/export”, sequentially numbered and issued by the Department

of Marine Resources (DMR). Trucks, buildings, crates and other similar containers

will utilize the plastic self-locking device in a manner that will prohibit entry or

opening without destroying the plastic seal. Boxes and other similar containers will

utilize the waterproof paper seal placed on the container in a manner that will

prohibit the opening of the container without destroying the paper seal.

(3) Permit Holder

Shall mean a Wholesale Seafood License with Lobster permit holder as defined

in 12.M.R.S. §6851, licensed by the Department of Marine Resources, who has

applied for and been issued a Lobster Import/Export permit authorizing the

activities set forth in this regulation.

(4) Pre-culling Storage Area

Shall mean a DMR approved and secure tank room, cooler or floatation pool. A

pre-culling storage area may not hold any non-import/export lobsters.

(5) Shipment

Shall mean any lot of lobsters delivered to a permit holder that may contain

oversize lobsters.

(6) Time of Receipt of Shipment

Shall mean the time of day when the truck seal is broken.

B. Permitted Activity by Lobster Import/Export Permit Holders

(1) Oversize lobsters more than 5" in length (oversize) imported by a Maine

Wholesale Seafood License with Lobster permit holder, under the authority of 12

M.R.S.A. §6431(6) and in accordance with this regulation, may be reconsigned

or processed by the holder of a Lobster Processor License issued by the

Department of Marine Resources. Oversized lobsters found in violation of this

regulation shall be unlawful and subject to the penalties found in 12 M.R.S.A.

§6431(7).

Chapter 25 page 23

C. Transport of Shipment

DMR seals shall be used to secure cargo doors or containers in such a manner that they

cannot be opened without breaking the seal. Seals shall not be reused.

(1) Vehicles entering Maine for the purpose of delivering lobster shipments that

contain oversize lobsters shall affix a DMR seal to the cargo door(s) immediately

upon entering the state of Maine. The doors will remain sealed with DMR seals

until the permit holder begins unloading the truck.

(2) Vehicles receiving shipments of oversize lobsters in Maine must be sealed

immediately.

(3) Vehicle seals may be broken to unload or load additional product. Seals must be

replaced before the vehicle continues.

D. Receipt of Shipment

Upon receiving a shipment containing oversize lobsters at a fixed place of business, a

permit holder shall:

(1) Immediately place the shipment in a DMR-approved pre-culling storage area; or

(2) Immediately seal each crate in the shipment with DMR seals in accordance with

sealing procedures stated in this regulation; or

(3) Segregate the shipment so it is identifiable as pre-cull imported product from

Canada, and remove oversize lobsters from the shipment within 24 hours of

receipt of shipment.

If the 24-hour requirement cannot be adhered to, the permit holder will contact Marine

Patrol to request additional time. The requests shall not be arbitrary. Multiple shipments

utilizing the 24-hour option will be segregated in a DMR-approved manner that ensures

shipments may be distinguished from one another. Oversize lobsters may not be released

into a tank or pound.

E. Handling Procedures

(1) Sealing containers of oversize lobsters after removal from shipment

All crates containing oversize lobsters shall be sealed with DMR seals in a

manner that will prohibit the crate from opening without breaking the seal before

being placed into a permit holder’s tank, pound or cooler. Cardboard boxes or

other similar containers shall be sealed with a DMR-issued paper seal in a

manner that would cause the seal to be destroyed if container were opened. Seals

shall not be reused.

(2) The DMR seal may only be removed for the purposes of:

(a) Removing oversized lobsters for conveyance out of state or to another

permit holder in accordance with Chapter 25.75(B);

Chapter 25 page 24

(b) Consolidation;

accordance with the Department of Agriculture Hazard Analysis Critical

Control Point (HACCP) regulation; or

(d) Processing by the holder of a Lobster Processor License.

F. Record Keeping

1. All shipments containing oversize product must be documented as follows:

(a) A photocopy of the bill of lading;

(b) The total number of crates of oversize product culled from shipment;

(d) The time of receipt of shipment.

2. All cargo doors, pre-culling storage areas, containers and crates containing

oversize lobsters sealed according to this regulation will be documented

as follows:

(a) The seal number of any seal removed in accordance with Chapter

25.75(C)(3) or 25.75(E)(2) and date it was removed;

(b) The number of the seal; and

25.80 Lobster Trap Construction Regulation

In addition to the escape vents required by 12 M.R.S.A. §6433, effective January 1, 1990, all

traps used to fish for or take lobsters shall have an escape panel, designed as follows: Every

lobster trap must have an unobstructed escape panel which is located in the parlor section on the

sides or at the end, or on the top if the escape panel is placed directly over the head.

A. Panels may be constructed of untreated natural material such as cotton, hemp, sisal, jute

twine not exceeding 3/16 of an inch in diameter; non-stainless, uncoated ferrous metal

not exceeding 3/32 inches in diameter or a soft wood lath.

B. Any material may be used as a panel if it is held in place by any of the material listed in A.

C. Panels must be constructed in such a manner as to create an unobstructed opening of at

least 3 3/4" X 3 3/4 inches or an unobstructed opening at least 3 inches wide along the

entire length or height of the parlor section when the panel is removed or opened.

Chapter 25 page 25

25.82 Lobster Trap Maximum Size

1. It shall be unlawful to possess a lobster trap with a volume larger than 22,950 cubic inches.

2. Exemptions

A. The Commissioner may grant exemptions to this regulation in the interest of

fairness, allowing the possession of lobster traps with a volume up to 30,100

cubic inches for up to five (5) years from the effective date of this regulation.

Such exempted lobster traps must have been in use prior to January 1, 1998. In

granting such exemptions, the Commissioner will consider, but not be limited to,

the following factors:

(1) The length of time the lobster traps have been in use;

(2) The reasons that the larger lobster traps have been used in the past;

(3) Any financial hardship to the owner in replacing the larger lobster traps

or reducing their size; and

(4) The protection of the resource.

B. Applications for exemptions from this regulation will be accepted for 60 days

from the effective date of this regulation and can be obtained from the

Department of Marine Resources, Hallowell Office, 21 State House Station,

Augusta, Maine 04333.

25.85 Lobster Trap Escape Vent Dimensions

1. It shall be unlawful to fish for or take lobsters unless the lobster trap is equipped with

unobstructed vents or gaps in the parlor section which are:

A. A rectangular or oblong escape vent not less than 1 15/16" by 5 3/4" and placed

in accordance with 12 M.R.S.A. §6433(1)(A);

B. Two circular escape vents not less than 2 7/16” in diameter and placed in

accordance with 12 M.R.S.A. §6433(1)(B);

C. A gap caused by separating both ends of 2 laths 1 15/16" and placed in

accordance with 12 M.R.S.A. §6433(1)(C), (D) and (E).

25.90 Swans Island Area Lobster Trap Regulation

A. Definitions

The following terms, as used in these regulations, shall have the following meanings:

1. Swans Island Lobster Conservation Area. This is that portion of the waters in

the vicinity of Swans Island, bounded and described as follows:

Chapter 25 page 26

"Beginning at the northern tip of Long Point, Marshall Island, Hancock County,

Maine; then northerly to the navigational buoy at the western entrance to

Toothacher Bay (located at the intersection of Loran Lines 9960-W-12492.0 and

9960-X-25800.0); then northeasterly to West Point, Swans Island, Hancock

County, Maine; then from Phinney Point on the northeastern shore of Swans Island

southeasterly to the intersection of Loran lines 9960-W 12445.6 and 9960-X

25780.9 (68º22.40' W. Long., 44º08.79' N. Lat.) Hancock County, Maine; then

southwesterly to the intersection of Loran lines 9960-W-12468.0 and 9960-X-

25773.0 (68º23.6' W. Long., 44º06.4' N. Lat.); then south-southwesterly to the

intersection of Loran lines 9960-W-12482.2 and 9960-X-25766.4 (68º24.01' W.

Long., 44º04.8' N. Lat.); then southerly to the intersection of Loran Lines 9960-W-

12493.5 and 9960-X-25758.4 (68º23.9' W. Long., 44º03.1' N. Lat.) and the

intersection with the Three Mile Limit, as shown on NOAA, National Ocean

Survey #13312; then southwesterly along the Three Mile Limit approximately 3.5

miles to a point where a line drawn southeasterly 165º True from the center of

Black Ledges intersects the Three Mile Limit at Loran lines 9960-W-12524.5 and

9960-X-25765.5 (68º28.6' W. Long., 44º01.9' N. Lat.); then northwesterly 345º

True to the center of Black Ledges; then northwesterly to the most southerly point

of Marshall Island; thence along the westerly shore of Marshall Island to the point

of beginning."

2. Registrant

A person who registers, under Subsection C of this regulation. All registered

persons will be registered from the time of registration until the end of the calendar

year and must comply with all of the provisions of this regulation during that time.

3. Sternman

A person who regularly accompanies the registrant on board a lobster fishing

boat throughout the period of the year in which this registrant has traps in the

water, and who is hired or otherwise retained by such registrant to assist in

lobster fishing operations.

4. Local Committee

A local committee composed of the registrants of the Swans Island Lobster

Conservation Area that is established to provide advice to the Commissioner on

issues affecting the Swans Island Lobster Conservation Area.

B. Prohibitions

No person shall place or maintain any trap for lobsters, or otherwise fish for or take

lobsters, within the Swans Island Lobster Conservation Area except as provided by and in

accordance with the terms of this regulation.

Chapter 25 page 27

C. Registration

1. Eligibility

The Commissioner shall require an annual registration of any Class I, II, or III

lobster and crab fishing license holder who is requesting to fish the Swans Island

Lobster Conservation Area and who meets one of the following criteria;

(a) The person documents to the Commissioner that he or she was registered

in the prior season in Lobster Zone B; or

(b) The person documents to the Commissioner that he or she was registered

but did not harvest lobsters due to a medical condition; or

D. Tags

Each lobster trap maintained by a registrant must display a special numbered tag supplied

by the Commissioner. Tags shall be replaced annually, when supplied by the

Commissioner. Not more than three traps may be attached to a warp and lobster buoy.

A registrant may place and maintain a total of not more than the maximum allowable

number of lobster traps indicated below. Each such trap shall bear the appropriate tag.

1. Trap Limit

Maximum Allowable Number of Lobster Traps and Tags

600

2. Registrant's Presence Aboard

It is unlawful for any person, except the registrant as defined under Chapter

25.90(A)(2) to set, haul, retrieve, or otherwise tend to lobster traps or to take

lobsters from the waters of the Swans Island Lobster Conservation Area.

(a) In the event of an incapacity or other disability occurring during the open

fishing season, the Commissioner or the Commissioner’s representative,

upon receipt of such notice in writing, may allow a properly licensed

substitute to fish on behalf of the registrant, but that substitute must use

the registrant’s vessel.

3. Lost Tag Replacement

The Commissioner, through his representatives, may issue additional tags to

compensate for lobster traps and tags lost, up to 10% of the number of tags issued

in that year to the registrant. In the event of catastrophic loss, the Commissioner

may issue additional replacement tags in excess of this 10% limitation but may

require that a hearing first be held in order to obtain satisfactory evidence of such

loss.

Chapter 25 page 28

E. Other Laws

Registrants shall comply with all other laws and regulations applicable to the trapping or

other taking of lobsters.

F. Enforcement

The Department's authorized representatives may inspect at any time any trap or related

gear to insure compliance with this regulation. The absence of tags attached to lobster

traps as required hereunder shall be prima facie evidence of a violation of this regulation.

G. Local Committee

1. Duties

The Committee shall advise the Commissioner on all aspects of the management of

the lobster fishery in the area. This will include, but not be limited to, trap limits,

tag replacement, eligibility to register, reporting of biological data, enforcement

concerns, and modifications of this regulation.

2. Composition

The Committee shall be composed of 5 members, as follows:

(a) Three (3) lobstermen residing on Swans Island who have registered in

accordance with this regulation, and who are elected pursuant to Chapter

25.90(G)(3); and

(b) One (1) lobsterman residing on Swans Island who has registered in

accordance with this regulation and is the Swans Island District

representative to Lobster Zone Council B; and

pursuant to Chapter 25.90(G)(3).

3. Election

Fishermen who are registered in accordance with this regulation shall meet

annually on the second Tuesday of June to elect members of the Committee.

Member(s) shall be elected for two-year terms. Member’s terms are to be

staggered, and members may be re-elected.

4. Chair and officers

The Committee must elect a chair and a secretary whose duty it shall be to keep a

record of meetings and present to the Commissioner the recommendations of the

Committee in accordance with Chapter 25.90(G)(1).

5. Removal of Council members

Chapter 25 page 29

A Committee member whose Maine State Lobster license is suspended, revoked,

or who fails to renew the Maine State Lobster license shall automatically be

removed from the Committee. A Committee member who misses three

consecutive meetings without notifying the Chairman of the intended absence

from a meeting may be removed from the Committee by affirmative vote of the

Committee.

H. Meetings of Members

1. Regular meetings

The Committee shall meet at least quarterly per year or more often as needed to

address issues of importance concerning the area. Committee meetings shall be

open to the public.

2. Notice of meetings

Notice of meetings shall be provided at least one week prior to the meeting and

shall set forth the date, time and place that the meeting is to be held.

3. Special meetings

The Chairman may call special meetings, as needed, and public notice shall

be posted.

4. Voting

The right to vote on any matter or matters at any meeting is restricted to the

members of the Committee.

5. Quorum

A quorum is a majority of the members of the Committee. The members present

at a duly called meeting at which a quorum is not present may continue to discuss

business at the meeting but no vote may be taken.

6. No Action By Committee Members Without A Meeting

No action may be taken by Committee members without a meeting being held

thereon.

7. Vacancies

Any vacancy occurring in the membership of the Committee including vacancies

created by reason of resignation, ineligibility, death, or change in the number of

Committee positions shall be filled.

Chapter 25 page 30

I. Sub-Committees

The Chairman may appoint one or more sub-committees, each of which shall consist of at

least two members. The Chairman may also designate additional non-Committee persons

to any such sub-committees. A sub-committee shall be established to perform certain

tasks as designated by the Chairman, such tasks shall be consistent with the purposes of

the Committee. The sub-committee shall report its recommendations to the Committee.

Such sub-committees shall not have the authority of the Committee.

J. A violation of any provision of Chapter 25.90 shall be a civil violation, in addition, the

registrant's right to fish within the Swan's Island Conservation Area described in

25.90(B)(1) may be suspended by the Commissioner for the remainder of that fishing

year as determined by 25.90(C).

25.93 Management Framework for Limiting Lobster Fishing Effort on a Local or Regional Basis -

Operational Rules

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.

Chapter 25 page 31

(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

Chapter 25 page 32

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

Chapter 25 page 33

adjacent lobster management zone. The by-laws may create subcommittees of the

council members and lobster license holders. The council may change the by-

laws 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

Chapter 25 page 34

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 ½ 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

Chapter 25 page 35

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.

Chapter 25 page 36

(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