13- 188 C.M.R. ch. 14, § 10

Current through 2024-46, November 13, 2024
Section 188-14-10 - European Oyster Harvesting Restrictions
A.Closed Season

It shall be unlawful to take, possess, ship, transport, buy or sell European oysters from June 15 to September 15 of any year.

1.Exceptions

Persons holding an aquaculture lease issued pursuant to 12 M.R.S.A. §6072, §6072-A or §6072-B, as provided in §6073-A , and persons holding a limited-purpose aquaculture (LPA) license pursuant to 12 M.R.S.A. §6072-C , may harvest European oysters from an aquaculture site from June 15 to September 15 of any year. Transportation, buying or selling must be done in accordance with Chapters 9, 24 and 94.

A person shall not be in violation of Chapter 14.10(A) if they are in possession of a bill of lading for the amount of European oysters purchased from June 15 to September 15 of any year showing those oysters were lawfully obtained from an origin outside the State of Maine and possess any applicable license and permit in accordance with Chapter 24.

B.Minimum size

It shall be unlawful to take, possess, ship, transport, buy or sell European oysters whose shells are less than 3 inches in the longest diameter.

1.Tolerance

Any person may possess European oysters that are less than 3 inches if they comprise less than 10% 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.Exceptions

European oysters of smaller size may be taken or possessed by persons holding an aquaculture lease issued pursuant to 12 M.R.S.A. §6072, §6072-A , or §6072-B , as provided by §6073-C , or persons holding a limited-purpose aquaculture (LPA) license issued pursuant to 12 M.R.S.A. §6072-C . Transportation, buying or selling and sanitation requirements must be done in accordance with Chapters 9, 24 and 94. This exception shall only apply to European oysters cultivated in the leased or licensed areas.

C.Compliance

Persons must comply with Chapters 9, 24 and 94.

13- 188 C.M.R. ch. 14, § 10