Section 188-25-93 - Management Framework for Limiting Lobster Fishing Effort on a Local or Regional Basis - Operational RulesA.DefinitionsThe following terms, as used in these regulations, shall have the following meanings, unless a different meaning is required by the context:
(1)Election District"Election district" means one of a series of contiguous geographic areas within a lobster management zone which is created by a lobster management policy council for the purpose of electing representative voting members of the councils. The election districts are defined in the by-laws of the council and may be harbors or discrete fishing areas within the zone.
(2)Declared lobster zone. "Declared lobster zone" means the zone identified on a lobster and crab fishing license pursuant to 12 M.R.S. § 6446 (1-A).(3)Lobster License Holder"Lobster license holder" means a person who holds a Class I, II, or III lobster and crab fishing license issued under 12 M.R.S. § 6421.
(4)Lobster Management Policy Council"Lobster management policy council" means the group of locally elected lobster license holders and an appointed non-voting legislative member who may submit proposed effort limitation rules to referendum within a lobster management zone and to the Commissioner.
(5)Lobster Management Zone"Lobster management zone" means one of seven areas within the waters of the State for which lobster fishing effort limitations may be established by the Commissioner upon the recommendation of the corresponding lobster management policy council.
(6)Lobster Fishing Effort Limitation"Lobster fishing effort limitation" means a regulation on the maximum number of lobster traps that may be fished by an individual license holder or two or more lobster license holders who fish from the same boat, the maximum number of traps on a trawl line, or the time of day when lobster fishing may occur.
(7)Referendum"Referendum" means the submission of a proposed lobster fishing effort limitation for a lobster management zone to a direct vote by the lobster license holders eligible to vote in a lobster management zone.
(8)Trap Limit"Trap limit" means the maximum number of lobster fishing traps that a lobster license holder may submerge from a boat in the waters of the State.
(9)Trawl Limit"Trawl limit" means the maximum number of lobster traps that a lobster license holder may attach to a line submerged in the waters of the State.
(10)Lobster Fishing Year"Lobster fishing year" means the 12 month season from June 1 through May 31.
(11)Exclusive Economic ZoneThe term 'exclusive economic zone' means the zone established by Proclamation 5030, of March 10, 1983, 48 FR 10605, issued by President Reagan.
B.Lobster Fishing Effort Limitations(1) Fishing effort in the lobster fishery may be limited only through one or more of the following methods: (a) a limit or limits on the number of traps fished by an individual lobster license holder or two or more lobster license holders who fish from the same boat fishing in a particular lobster management zone and the time periods allowed for complying with that number,(b) a limit on the number of lobster traps allowed on a trawl fished in a particular lobster management zone, and(c) a limit on the time of day when lobster fishing may occur in a particular lobster management zone.(d) Any limitation proposed by a council must be stricter than current law.(2) Lobster fishing effort limitations using one or more of the above methods may vary among the lobster management zones established under Chapter 25.93(C)(1).(3) Where the Commissioner has not adopted different lobster fishing effort limitations under Chapter 25.93(D), the trap limits established in 12 M.R.S. § 6431- A, the closed periods in § 6440, and the trap and trawl limits for specific fishing areas in § 6439, § 6439- A, and in Chapters 25 and 55 of these regulations shall apply.(4) An applicant for the issuance or renewal of a lobster and crab fishing license must, pursuant to 12 M.R.S. § 6446 (1-A) declare the lobster management zone in which that person intends to fish a majority of that person's lobster traps. If the applicant intends to fish in more than one lobster management zone that person must also list for inclusion on their license all other lobster management zones in which that person intends to fish. A lobster license holder may not place traps in a lobster management zone that has not been declared or listed on that person's license at the time of application for issuance or renewal. The declaration shall be on forms provided by the Commissioner and may be changed only at the time of license renewal.(5) A lobster license holder may fish for lobsters in any lobster management zone, provided that all lobster management zones in which traps will be placed are declared or listed in accordance with Chapter 25.93(B)(4) above at the time of application for license issuance or renewal. If a lobster license holder declares or lists more than one lobster management zone and the lobster trap limits in those zones differ, the total number of trap tags purchased may not exceed the lowest trap limit applicable in any of the lobster management zones declared or listed by that license holder.(6) A license holder may not surrender trap tags during the fishing year for the purposes of fishing in another zone.C.Lobster Management Policy Councils(1)Establishment-- Seven lobster management policy councils, corresponding to the seven lobster management zones established under Chapter 25.94(1), are established.(2)By-laws-- Each council shall abide by a set of by-laws governing its procedures. The by-laws shall establish the maximum number of voting members to be elected to the council and election districts from which each voting member is to be elected. The number of voting members shall be an odd number and shall allow each member to represent approximately the same number of lobster license holders unless geographic conditions warrant otherwise. The by-laws may require the appointment of a non-voting representative to the council of each adjacent lobster management zone. The by-laws may create subcommittees of the council members and lobster license holders. The council may change the bylaws at any time.
The Commissioner must approve any by-law or amendments thereto before it may become effective for use by the zone council.
(3)Annual Elections and Term-- Each council shall hold an annual election by July 31 of each year to re-elect or replace the elected members whose terms are expiring within the year. Council members shall have terms of three years.(4)Election of Council Members -- Election of council members shall be by a plurality vote of eligible voters from the lobster management zone participating in the election as defined under 12 M.R.S. § 6447(7). Each voting member shall have one vote in each election for each council member from the district declared on the individual's lobster and crab fishing license application at the time of issuance or renewal. The vote shall be by secret mailed ballot and the ballots shall be collected by the Department of Marine Resources. The ballots shall be tallied, and the results shall be made known to the Commissioner and to the members of the lobster management zone. To be elected a council member, the member must receive the most votes from the voting members of the district in which the council member is to represent who are eligible to and do vote. A person must hold a valid class I, II, or III lobster and crab fishing license and be at least 18 years of age to become a member of the council.
(5)Notice of Meetings-- Written notice for regular meetings or special meetings, setting forth the date, time and place that the meeting is to be held shall be posted prior to the meeting at public places, by way of example but not limited to newspapers, fishermen cooperatives, town halls, etc.(6)Vacancies-- Any vacancy occurring in the membership of the lobster policy management council including one created by reason of resignation, ineligibility, or death shall be filled by the candidate from the most recent annual election who received the second greatest number of votes. If no such candidate is available or is willing to serve as district representative, then a special district election will be held in accordance with Chapter 25.93(C)(4). Council members elected to fill a vacancy shall serve for the remainder of the vacated member's term.(7)Removal of Council Members -- A council member whose lobster and crab fishing license is suspended, revoked or who fails to renew the lobster and crab fishing license shall automatically be removed from the lobster policy management council. A council member who misses three consecutive meetings without notifying an officer or other council member of the intended absence from a meeting, may be removed from the council by affirmative vote of the council. Replacement of vacant seats shall be made in accordance with the procedures of Chapter 25.93(C)(6).(8)Replacement of Council Members-- Members of an election district within the lobster management zone may petition the lobster policy management council to request a special election for purposes of replacing the incumbent council member representing that district by voting on a new district member. The petition must have the signatures from ½ of the members of the district to be valid. The lobster policy management council cannot reject the petition without just cause. In the event of acceptance of the petition by the council, a special district election will be held in accordance with Chapter 25.93(C)(4). In the event of rejection by the council, the petitioners may appeal the lobster policy management council's decision to the Commissioner who may determine that a special election shall be held.(9)Creation of a New District -- A special district election shall be held in accordance with the procedures of Chapter 25.93(C)(4) in the event of the creation of a new district.(10)Council Decisions--The council may conduct its business and decide all issues by consensus except the decision to hold a referendum on lobster fishing effort limitations. This decision must be approved by a majority of the council members present and voting. Each voting council member shall have one vote. No vote is binding unless a quorum of two thirds of the council members are present and voting.(11)Referendum Procedures-- After a council votes to hold a referendum, the referendum question shall be mailed to all eligible license holders who have designated that zone as their declared zone. The referendum ballots will include a postage-paid return address at the Department of Marine Resources. The council may submit a proposed effort limitation rule to the Commissioner if it is approved by two-thirds of those voting in the referendum.(12)Frequency of Referenda-- If a referendum on a lobster fishing effort limitation category, as defined in 12 M.R.S. § 6447(5)(A), (5)(B), or (5)(C), is voted on through the process defined in Chapter 25.93(C)(11), a referendum on the same category of lobster fishing effort limitation may not be proposed for a minimum of 12 months from the date the referendum vote is due to the Department. By way of example, if a referendum is held on the total number of traps fished and the time periods allowed for complying with that number as permitted under 12 M.R.S. § 6447(5)(A), no other referenda permitted under that subsection may be voted on for 12 months. A zone council may limit the frequency of a referendum on a lobster fishing effort limitation category for up to 36 months from the date the referendum vote is due to the Department. The zone council must inform the Commissioner in writing of the frequency of a future referendum at the time at which the initial referendum has been voted on and the results are made know to the Commissioner.(13)Petition Process for Referenda-- Members of a lobster management zone may petition the lobster policy management council for a referendum vote. If one-third of the eligible voters within a lobster management zone sign a petition for a referendum to be proposed for a vote in the lobster management zone, the lobster policy management council may submit that proposal as a referendum ballot. All petitions are subject to the frequency criteria as described in Chapter 25.93(C)(12). If the lobster policy management council votes not to submit a petition proposal to the membership of the lobster management zone for a vote, the council must report in writing to the Commissioner explaining the reason for denial.(14)Voter Qualifications-- Only those lobster license holders who designated the zone as their declared zone, at the time of license issuance or renewal, are eligible to vote in the elections of council members and in referendums on proposed lobster fishing effort limitations for that zone. To be eligible to vote, a person must be at least 18 years of age. Each person eligible to vote in a council election or referendum shall have one vote.(15)Disputes-- Questions about possible irregularities in council elections and referendums shall be referred to the Commissioner, who will investigate the complaint and report to the council. The Department shall retain the ballots for at least seven years following the referendum.D.Commissioner's Approval of Council Rules Limiting Fishing EffortIf a lobster management policy council recommends a rule to limit lobster fishing effort in its zone after approval in a referendum held pursuant to Chapter 25.93(C)(11), the Commissioner may adopt and publish the rules verbatim or may adopt and publish rules that accurately reflect the intent of the council's recommendation. The Commissioner may reject the proposed rule if it is found to be unreasonable.
E.Limited Entry Guidelines for Lobster Management Zones(1)Commissioner's Approval of SurveyThe Commissioner must approve any survey form developed by a lobster management policy council to determine an exit ratio pursuant to 12 M.R.S. § 6448 before that survey is conducted.
(2)Proposed Exit RatioA lobster management policy council may submit to the Commissioner for rulemaking more than one proposed exit ratio, however the council must indicate a preferred option. The Commissioner may choose to propose rulemaking on one or more exit ratio(s) for public comment.
(3)Future Action on Exit RatioOnce an exit ratio is adopted for a limited-entry zone, the lobster management policy council for that zone will not vote to conduct a survey or make a proposal to the Department for a new exit ratio, and the Department will not propose or adopt a new exit ratio for that zone, for a minimum of 24 months from the effective date of the regulation setting the exit ratio.
If an exit ratio is not adopted, after a survey has been conducted in the zone and a lobster policy management council has made a recommendation to the Commissioner regarding an exit ratio, the lobster policy management council may not vote to conduct another survey for 36 months from the date of the previous vote by the lobster policy management council to conduct a survey.
(4)Lower Limit of TagsIf the number of Class I, II and III lobster and crab trap tags in a limited-entry zone is reduced by 30% or more than the number of such tags in that zone as of December 31, 1997, then the following shall occur:
(a) Prior to making any change in the exit ratio the Commissioner shall meet with the affected lobster management policy council to discuss the present status of the lobster fishery within that zone.(b) The Commissioner shall make a final determination regarding any change that may occur to the exit ratio based on consideration of the history and trends of both licenses and tags within the zone, the effects that limited-entry has had within the zone and the effects any change in the exit ratio would have on both the present lobster fishery within the zone, as well as the future of the lobster fishery within the zone. In no instance shall the commissioner amend the exit ratio to be more restrictive than 1:1.F.Exit Ratios for Limited-Entry Zones(1)Procedures for the Apprentice Waiting List(a) A person wishing to enter a limited-entry zone must make application to the Department and the Department shall evaluate the applicant's eligibility, in accordance with § 6421(5) and § 6448 and this rule.(b) By April 1 of each year, the Department shall calculate the number of licenses to be awarded to new entrants for each limited-entry zone for that calendar year in accordance with § 6448 and this rule. The exit ratio shall be as follows: (i)Zone D - one license awarded to a new entrant for every 4,000 tags retired by individuals who held a Class I, II or III lobster and crab fishing license in the previous calendar year and who exited the zone making an entry to exit ratio of 1:5.(ii)Zone E - one license awarded to a new entrant for every 5 licenses retired by individuals who held a Class I, II or III lobster and crab fishing license in the previous calendar year and who exited the zone making an entry to exit ratio of 1:5.(iii)Zone F - one license awarded to a new entrant for every 4,000 tags retired by individuals who held a Class I, II or III lobster and crab fishing license in the previous calendar year and who exited the zone, making an entry to exit ratio of 1:5.(iv)Zone G - one license awarded to a new entrant for every 4,000 tags retired by individuals who held a Class I, II or III lobster and crab fishing license in the previous calendar year and who exited the zone, making an entry to exit ratio of 1:5.(v)Zone B - one license awarded to a new entrant for every 3 licenses retired by individuals who held a Class I, II or III lobster and crab fishing license in the previous calendar year and who exited the zone, making an entry to exit ratio of 1:3.(vi)Zone A - one license awarded to a new entrant for every 3 licenses retired by individuals who held a Class I, II or III lobster and crab fishing license in the previous calendar year and who exited the zone making an entry to exit ratio of 1:3.(vii)Zone C - one license awarded to a new entrant for every 1 license retired by individuals who held a Class I, II or III lobster and crab fishing license in the previous calendar year and who exited the zone making an entry to exit ratio of 1:1.(c) For lobster zones that opt to use trap tags not renewed in their exit ratio calculations, the number of traps tags retired by individuals is the total of the greatest number of trap tags purchased in any prior year up to the current zone maximum under each license that is not renewed.(d) The number of licenses awarded to new entrants for a limited-entry zone shall be rounded to the nearest whole number. Fractions of .5 and greater shall be rounded up to the nearest whole number. Fractions of .4 and less shall be rounded down to the nearest whole number. (For example, if the exit ratio is 1:3 and 100 licenses are not renewed, the resulting 33.3 will be rounded down to 33 new zone entrants. If the exit ratio is 1:2 and 25 licenses are not renewed, the resulting 12.5 will be rounded up to 13 new zone entrants.)(e) Once the number of new zone entrants to be awarded a license for a limited-entry zone has been calculated for each limited-entry zone, a list of authorized new zone entrants shall be determined from the waiting list pursuant to 12 M.R.S. § 6448. (f) Authorized new zone entrants will be informed in writing and mailed a license application form by the Department by certified mail.(g) Authorized new zone entrants must submit their license application, correctly filled out for the same zone as their declared zone form, with correct fees and documentation to the Department. The application must be received within 30 days of receipt of notice by the Department or the new zone entrant will lose their authorization to qualify for a limitedentry zone.(h) If an authorized new zone entrant has not complied with (f) above, the next person on the waiting list for the limited-entry zone, if any, will be sent a license application and have 30 days to comply in the same manner.(2)Procedures for the Transfer Waiting List(a) A Class I, II or III lobster license holder wishing to transfer into a limited-entry zone must make application to the Department by completing a Lobster Zone Declaration form.(b) Class I, II or III lobster license holders on the lobster waiting lists as of the effective date of this rule will be removed from those waiting lists and placed on a separate single "transfer waiting list" based on their current eligibility date on the waiting lists.(c) Class I, II or III lobster license holders who want to be placed on the transfer waiting list will be placed on the list in the order of the time and date upon which the Department receives the request using the Lobster Zone Declaration Form.(d) By April 1 of each year, the Department will begin at the top of the transfer waiting list, and determine if there are any corresponding transfers of fishermen wishing to transfer in the opposite direction (e.g., Zone A to Zone B, and Zone B to Zone A). The Department will authorize all transfers for which matches are available and eligible.(e) In order to be eligible to transfer, a fisherman must have demonstrated landings of at least 5,000 lbs. in any two of the three (3) prior calendar years.(f) Authorized transfers will be informed in writing and mailed a transfer application form by the Department by certified mail.(g) Authorized transfers must submit their transfer application, within 30 days of receipt of notice by the Department or the transfer will lose their authorization.(h) If an authorized transfer has not complied with (g) above, the next person on the waiting list who wishes to transfer into that zone, if any, will be sent an authorization and have 30 days to comply in the same manner.(i) A transfer will be not be completed for either license holder, until both license holders have submitted their transfer application form and demonstrated their eligibility.(3)Implementation ScheduleAny exit ratio established for a limited-entry zone shall be implemented concurrent with the licensing year following adoption.
13-188 C.M.R. ch. 25, § 93