13-188-25 Me. Code R. § 95

Current through 2024-20, May 15, 2024
Section 188-25-95 - Monhegan Island Area Lobster Trap Regulation
1. Monhegan Island Lobster Conservation Area
A.Definitions
(1)Registrant

A person who has met the requirements of 12 M.R.S.A. § 6474. All registered persons will be registered until July 31st of the following year and must comply with all of the provisions of this regulation during that time.

(2)Lapsed Registrant

A person who was registered in 1997or thereafter but who did not meet the eligibility requirements for any subsequent season or seasons.

(3)Local Committee

A local committee of the registrants of the Monhegan Island Lobster Conservation Area that is established to provide advice to the Commissioner on issues affecting the Monhegan Island Lobster Conservation Area. At least two thirds of the registrants must serve on this committee.

B.Season

The open season for registrants of the Monhegan Lobster Conservation Area shall begin annually on October 1 and end on June 7, both days inclusive, except that in leap years the season shall end on June 6.

C.Local Committee

This committee shall meet at least once per year or as needed to address issues of importance concerning the area. The committee shall advise the Commissioner on all aspects of the management of the area. This will include, but not be limited to season designation, trap limits, tag replacement, eligibility to register, reporting of biological data, and enforcement concerns. The committee must elect a chair whose duty it shall be to keep a record of meetings and present to the Commissioner the findings of the committee. All registrants shall endeavor to serve on the local committee.

(1)Amending the open season

In order to recommend an amendment to the open season, the local committee shall by August 1st recommend in writing to the Commissioner the proposed changes to the season. This recommendation must be approved by at least two thirds of the registrants who vote in a poll conducted by the local committee.

(2)Lost Tags

The Commissioner may issue replacement tags up to 10% of the total issued for that year upon receipt of satisfactory evidence of the loss. The Commissioner may require the local committee to validate such requests for replacement tags. The tags will be available on Monhegan through the committee. In the event of catastrophic loss, the Commissioner may issue in excess of the 10% and may require that a hearing be held in order to obtain satisfactory evidence of the loss.

D.Eligibility to Register in Monhegan Lobster Conservation Area
(1)Eligibility for seasons following the 1998-1999 Season

Pursuant to 12 M.R.S. § 6474, the Commissioner shall not declare a person eligible to be a registrant of the Monhegan Island Lobster Conservation Area unless that person registers during the period from June 26th until August 1st each year and;

(a) The person documents to the Commissioner that they were registered in the prior open season and harvested lobsters from the Monhegan Lobster Conservation Area or;
(b) Documents to the Commissioner that the person was registered but did not harvest lobsters due to a medical condition or;
(c) The person is eligible but for the suspension of their lobster license or;
(d) The person is eligible as a result of the waiting list pursuant to 25.97 C. (1).
(2)Registrant Limit

The total number of registrants for the Monhegan Island Lobster Conservation Area may not at any time exceed 17.

E.Prohibitions and Enforcement
(1)Trap limit

It is unlawful for any registrant of the Monhegan Island Lobster Conservation Area to submerge more than 400 lobster traps. The boat limit for all registrants shall also be 400 traps. Two registrants fishing from the same boat may not fish more than the boat limit.

(2)Registrant's presence onboard

It is unlawful for any person, except the registrant, to set, haul, retrieve, or otherwise tend to lobster traps or to take lobsters from the waters of the Monhegan Island Lobster Conservation Area.

(a) In the event of an incapacity or other disability occurring during the open fishing season the Commissioner or the Commissioner's representative, upon receipt of such notice, may allow a properly licensed substitute to fish on behalf of the registrant.
(3)Reporting

Registrants shall report their total catch of lobsters, as well as such other catch and effort information as may be required, on forms supplied by the Commissioner. Such information shall be kept confidential in accordance with the provisions of 12 M.R.S.A. § 6173. The Commissioner may not certify a person as eligible if this requirement is not met.

(4)Other Laws

Registrants shall comply with all other laws and regulations applicable to the trapping or other taking of lobsters.

(5)Enforcement

The Department's authorized representatives may inspect at any time any trap or related to ensure compliance with this regulation. The absence of tags attached to lobster traps as required hereunder shall be prima facie evidence of a violation of this regulation.

13-188 C.M.R. ch. 25, § 95