13-188-10 Me. Code R. § 04

Current through 2024-25, June 19, 2024
Section 188-10-04 - Quahog Size Restrictions
A.Definitions
1.Quahog

Quahog means Mercenaria mercenaria, commonly referred to as hard shelled clams.

2.Hinge Width

Hinge width means the thickness of a quahog as measured between the convex apex of the right shell and the convex apex of the left shell.

B.Minimum Size

It shall be unlawful to take, possess, ship, transport, buy or sell quahogs that are less than one inch in thickness as measured across the hinge width.

1.Tolerance

Any person may possess quahogs that are less than one inch if they comprise less than 5% of any bulk pile. The tolerance is determined by numerical count of not less than one peck nor more than 4 pecks taken at random from various parts of the bulk pile or by a count of the entire pile if it contains less than one peck.

2.Exemption

Quahogs of smaller size may be taken or possessed by persons holding an aquaculture lease issued under 12 M.R.S.A. §6072, § 6072-A or § 6072-B, as provided in § 6073- A, or by persons holding a limited-purpose aquaculture (LPA) license issued pursuant to 12 M.R.S.A. §6072-C, or under Municipal shellfish aquaculture permits issued under § 6673. Transportation, buying, selling and sanitation must all be in compliance with Chapters 9 and 15-20 and 21-24. This exception shall only apply to quahogs cultivated in the leased or licensed areas.

C. Persons must comply with DMR regulations in Chapters 9 and 15 through 20 established in accordance with the National Shellfish Sanitation Program Model Ordinance (NSSP/MO) for the sanitary control of shellfish, which includes tagging requirements, and with DMR regulations in Chapters 21-24.

13-188 C.M.R. ch. 10, § 04