13- 188 C.M.R. ch. 3, § 04

Current through 2024-25, June 19, 2024

Section 188-3-04 - Approval

The Department will make a recommendation to the Governor for approval or denial of the permit, based on evaluation of information provided in section 3.03 and other applicable laws and regulations. The Department may recommend approval of a permit to the Governor if it determines that U.S. fish processors within Maine do not have adequate capacity and will not utilize such capacity to process all of the United States harvested fish from the fishery concerned that are landed in Maine.

In determining whether or not U.S. fish processors within Maine have adequate capacity, and will utilize such capacity to process all of the U.S. harvested fish from the fishery, the Department may consider the following factors:

A. the availability of harvesting vessels in Maine and the capability of such vessels to take the species in the fishery concerned;

B. the availability of the labor force, adequacy of processing machinery, freezers, and cold storage facilities of Maine fish processors, and the processors' ability, intent, and current and future plans to process the particular species;

C. the geographical proximity of harvest areas supplying the foreign fish processor to the facilities of Maine processors;

D. the Maine processors' claims as to their capacity versus their actual processing performance in any given year;

E. the potential for Maine processors to compete in foreign markets (e.g., existence of trade barriers; abundance of a competing product in other parts of the world).

13- 188 C.M.R. ch. 3, § 04