13-188-25 Me. Code R. § 07

Current through 2024-21, May 22, 2024

Section 188-25-07 - 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.

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".

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".

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^st 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^st 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.

13-188 C.M.R. ch. 25, § 07