Section 188-13-01 - Harvesting of Waved Whelk1. Definition: Whelk refers to waved whelk (Buccinum undatum).2. It shall be unlawful to fish for or take whelk by any means other than a trap. A. No more than three traps may be fished on a single line and buoy.B. Each buoy and trap must be clearly marked with the Whelk Permit number following by the letter "W".C. Each whelk trap must have an escape vent located in the bottom half of the trap. The vest shall measure not less than 1 1/2 inches x 1 1/2 inches square or 1 1/2 inches in diameter, if circular. Exception: A person who harvests whelks as a by-catch from lobster traps is exempt from the 3-trap limit, the marking requirement and the vent requirement of this regulation.
3. It shall be unlawful to raise, haul, or transfer any whelk trap from any coastal waters during the following time: A. Night. During the period 1/2 hour after sunset until 1/2 hour before sunrise from June 1st to October 31st, both days inclusive.B. Weekends. During the period from 4 p.m., Eastern Daylight Savings Time, Saturday, to 1/2 hour before sunrise the following Monday morning from June 1st to August 31st, both days inclusive. Exception: During the period of a Hurricane Warning issued by the National Weather Service in effect for any coastal waters of the state.4. It shall be unlawful to possess any whelk with an overall shell length of less than 2 1/2 inches.5. It shall be unlawful to harvest whelks unless the harvester holds a Commercial Fishing - Single license with the Whelk Permit endorsement or a Commercial Fishing - Crew license with the Whelk Permit endorsement*. Any person may take up to ½ bushel of whelks for personal use per day without a license or permit. *http://www.maine.gov/dmr/license/index.htm6. During red tide or PSP (paralytic shellfish poison) closures* for carnivorous snails, processors or harvesters of whelks may contact the Department of Marine Resources (DMR), Biotoxin Monitoring Program Director to request targeted testing of an area to determine if an exception area for the harvest of whelks may be created. Contact information: telephone (207) 633-9500, fax (207) 633-9579 or write DMR, Biotoxin Monitoring Program Director, P.O. Box 8, West Boothbay Harbor, Maine 04575. * http://www.maine.gov/dmr/rm/public_health/closures/pspclosures.htm
13- 188 C.M.R. ch. 13, § 01