13-188-11 Me. Code R. § 14

Current through 2024-25, June 19, 2024
Section 188-11-14 - Commercial Scallop License Limited Entry System
1. Limited Entry Procedure:
A. The Department shall hold two annual lotteries for commercial scallop licenses, provided that the number of licenses to be awarded as determined by the respective exit ratios is greater than zero. One lottery will be held for scallop dragging licenses issued under 12 M.R.S. § 6702 and one lottery will be held for handfishing scallop or handfishing with tender license issued under 12 M.R.S § 6701.
B. Eligible individuals wishing to enter either lottery must submit a lottery application that must be received by the Department by the date specified by the Department, for licenses to be issued in the following calendar year.
C. An individual is eligible to enter either the scallop dragging license lottery or the scallop handfishing or handfishing with tender license lottery, but not both, if they meet the following criteria:
a. Is a Maine resident and 18 years of age or older;
b. Held in any previous calendar year or currently holds any commercial license issued under 12 M.R.S Part 9, or has in the past or currently is crewing onboard an active commercial scallop vessel;
c. Has not been convicted or adjudicated of a marine resources offense that resulted in a license suspension within the last 7 years; and,
d. Does not currently possess a license issued under 12 M.R.S. § 6701 or § 6702.
D. The number of draws (chances) allotted to each eligible applicant shall be calculated by the Department.
a. Each eligible applicant shall be awarded a minimum of one draw.
b. Each eligible applicant shall be awarded one additional draw for every consecutive year they enter each lottery.
E. Before the lotteries are held the Department shall calculate the number of licenses to be awarded for that calendar year, if any.
F. The Department shall choose individuals to whom licenses will be awarded through a random selection process. The drawing will continue until all available licenses have been awarded.
G. The Department will verify an applicant's eligibility for the lottery and any additional chances claimed at the time the individual is drawn. If it is determined that the individual misrepresented or falsified any information on their lottery application that drawing shall be void and the Department will draw another individual.
H. Once a list of winners has been determined, drawing will continue to establish an ordered list of alternates the same length as the list of winners.
2. Exit Ratios
A. Drag Exit/Entry Ratio. Two individuals will be awarded license eligibility for every three individuals who held a commercial scallop drag license in the year prior to the previous calendar year but who did not renew that license in the previous calendar year. One of the licenses issued will go to an individual over the age of 18 and under the age of 31, and one of the licenses will go to an individual 31 years of age or older. If the number of persons who did not renew is greater than, but not evenly divisible by three, it shall be rounded down to the nearest number evenly divisible by three. If the number is rounded down, the non-renewed licenses in excess of that number evenly divisible by three shall be carried over to the next calendar year for consideration in that year's calculation. If the number is either one or two, the number of licenses awarded shall be zero and the one or two non-renewed license shall be carried over to the next year for consideration in that year's calculation. If the number is zero, the number of licenses awarded shall be zero.
B. Handfishing Exit/Entry Ratio. One person will be awarded license eligibility for every one person who held a commercial scallop dive license in the year prior to the previous calendar year but who did not renew that license in the previous calendar year. If the number is zero, the number of licenses awarded shall be zero.
3. Issuing the Awarded Licenses
A. Lottery winners will be informed in writing and mailed a license application form by the Department by registered mail. In addition, lottery winners and alternates will be announced on the Department website.
B. Lottery winners must submit their license application, correctly completed with the correct fees and documentation to the Department within 30 days of receipt of notice, or the winner will lose their license eligibility.
C. Any license awarded through misrepresentation or misstatement on the license lottery application shall be void.
D. If the winner has not complied with the requirements within 30 days, the next alternate on the list of alternates will be sent a license application and have 30 days to comply in the same manner.
4. Exit/Entry Ratio Review
A. At a minimum of every two years, the Department shall consult the Scallop Advisory Council concerning potential adjustments to the lottery system.

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13-188 C.M.R. ch. 11, § 14