13-188-32 Me. Code R. § 03

Current through 2024-25, June 19, 2024
Section 188-32-03 - Harvesting Regulations
1.Elvers
A.Area Closures

Beginning at 8:00 a.m. on March 30, 2020 it shall be lawful to fish for or take or possess elvers from coastal waters of the state.

It shall be unlawful to fish for, take or possess elvers in the following areas:

1)Camden Harbor - upstream of a line drawn from the northernmost point of the granite pier of the Camden Town Landing, to the southernmost point of the granite wall that borders on the northern side of the Megunticook River.
2)Franklin - by any means other than dip net, from May 1 to May 31 of any year within 327 feet (109 yards) downstream of the bridge that crosses Mill Brook on the Grist Mill Road in the town of Franklin.
3)Bangor - in the Penobscot River upstream of a line approximately 3100 feet downstream of where the Veazie dam once existed. The line will run on the downstream side of the Bangor Water District Pipeline crossing and will be identified by red posts on both sides of the river. The eastern end of the closure line will be identified by a red post located in front of the Eddington Salmon Club. The closure line will run in a westerly direction across the river and be identified by a second red post located in the town of Veazie.
4)Brewer - in the Sedgeunkedunk Stream upstream of the Route 15 crossing.
5)Bangor - in the Kenduskeag Stream upstream of the Harlow Street bridge.
6)Bangor - in the Peniajawoc Stream upstream of the Route 2 crossing
7)Ellsworth - in Card's Brook upstream of the Route 230 crossing.
8)Tremont- in Seal Cove upstream of the Route 102-A bridge.
9)Gardiner - within the Kennebec River, bounded on the northern side by the northern side of the Gardiner-Randolph bridge, and on the southern side by the southernmost end of the Gardiner seawall to a red painted post located on eastern shore of the Kennebec River directly across from the seawall. Cobbosseecontee Stream is closed to fishing for, taking, or possessing elvers from its confluence with the Kennebec River and all waters upstream.
B.(Repealed)
C.Authorized Activities of Unlicensed Crew Members
1) The holder of an elver fishing crew license who is authorized to fish using a dip net may engage one unlicensed crew member to assist with the activities associated with fishing for elvers under the direct supervision of the license holder. The unlicensed crew member may possess elvers when the license holder is present. It is unlawful for an unlicensed crew member to fish for, take, or sell elvers.
2) The holder of an elver fishing crew license who is authorized to fish using an elver fyke net may engage one unlicensed crew member to assist with activities associated with fishing for elvers under the direct supervision of the license holder. The unlicensed crew member may possess elvers when the license holder is present and may assist with tending the gear of the license holder when the license holder is present, except that it is unlawful for an unlicensed crew member to tend the cod end of the license holder's elver fyke net. It is unlawful for an unlicensed crew member to sell elvers.
D.Elver Fyke Net and Sheldon Eel Trap Tending Requirement

An elver fyke net or Sheldon eel trap set in any tidal river, brook, stream or other watercourse must be tended and the contents of the net/trap removed at least once every 16 hours. An elver license holder who fails to remove the contents of their net/trap, at least once every 16 hours, is in violation of the tending requirement.

2.Eels
A. Pursuant to 12 M.R.S. § 6575- E, it shall be unlawful for a person to fish for or take eels by any method other than eel pot, except that a person may fish for or take for personal use up to 25 eels per day from the coastal waters of the state by spear gun, harpoon, eel pot, or hook and line and possess and transport such eels that person has so lawfully taken.
B. It shall be unlawful to fish for, take, possess, or transport elvers unless properly licensed under, and in accordance with 12 M.R.S. § 6505- A, § 6302- A, § 6864, or § 6865. It shall be unlawful to fish for, take, possess, or transport pigmented eels, except that eel and elver harvesters, licensed in accordance with 12 M.R.S. § 6505- A, § 6505- C, and § 6302- A, shall not be in violation when encountering pigmented eels as "by-catch", provided that the pigmented eels are immediately released upon culling the catch at the harvest location.
C. Any person holding an eel harvesting license issued under 12 M.R.S. § 6505-C or 6302-A shall comply with the following regulations:
1) Eel pots must be marked with a buoy. Two or more pots may be placed upon a single line with a single buoy.
2) All eel pots must be clearly labeled with the owner's eel license number on the buoy.
3) Eel pots must be placed in such a manner so as to not obstruct boat launch areas, swimming areas, or to create hazards to navigation.
4) Eel pots must not be baited with live fish.
5) All eel pots must be tended at least twice a week. Any animals other than eels captured in the pots shall be immediately released unharmed.
D. Captains and mates involved in party/charter (for hire) employment on party/charter (for-hire) activities may possess 50 eels each for bait purposes during fishing.
E. Captains involved in party/charter (for hire) activities may possess up to 100 eels each in shoreside cars.

13-188 C.M.R. ch. 32, § 03