13-188-34 Me. Code R. § 08

Current through 2024-25, June 19, 2024

Section 188-34-08 - Whiting/Silver Hake (Merluccius-Bilinearis) Commercial Effort Restrictions

A.Maine Territorial Waters Gear Prohibition and Season

1. It shall be unlawful for any person to take, harvest, or fish for Whiting in Maine's territorial waters by any method from December 1st through June 30^th.

(a)Exemption: A person participating in the northern shrimp fishery may retain Whiting taken as by-catch less than or equal to the amount of shrimp on board, but not to exceed 3,500 pounds. These persons must possess a Commercial Northern Shrimp license issued in accordance with 12 M.R.S. § 6804; as well as, a Commercial Pelagic and Anadromous Fishing License in accordance with 12 M.R.S. § 6502-A with a Whiting endorsement pursuant to Chapter 34.08 C.

2. No person may take, harvest or fish for Whiting using any grate raised footrope trawl (GRFT) net in Maine's territorial waters.

B.Coastal Waters Gear Restrictions

It shall be unlawful to possess aboard a vessel any grate raised footrope trawl (GRFT) net, which has net mesh less than 6.5 inches or cod end mesh which measures less than 2.5-inches. GRFT nets used to fish for or take whiting must comply with the federal regulations specified under 50 CFR § 648.80(a)(16). For cod ends comprised of square mesh, measurements shall be taken from within the first 100 bars, counting from the terminus of the net, for vessels greater than 45 feet in length overall, and taken from within the first 50 bars, counting from the terminus of the net, for vessels 45 feet or less in length overall. For cod ends comprised of diamond mesh, measurements shall be taken from within the first 50 meshes, counting from the terminus of the net, for vessels greater than 45 feet in length overall and taken from within the first 25 meshes for vessels 45 feet or less in length overall.

C.Whiting Endorsement Required

In order to obtain a Whiting endorsement, GRFT federal exempted Whiting fishery participants must contact the Department of Marine Resources for a gear inspection. Upon satisfactory completion of the gear inspection, the Whiting endorsement will be affixed or applied to the license holder's Maine Commercial Pelagic and Anadromous Fishing License by DMR personnel. The endorsement shall be subject to continued compliance with the gear apparatus and DMR reporting requirements.

D.Possession Restrictions

The owner or operator of a vessel participating in the GRFT federal exempted Whiting fishery with a Whiting endorsement from DMR may not possess on board, or land any species of fish, other than a maximum of 7,500 lb (3,402 kg) of Whiting; except for the following incidental species in accordance with 50 CFR § 648.80(a)(16)(i)(A): Offshore Hake, Red Hake; Butterfish; Herring; Mackeral; Squid; and Alewife.

E.Observers

When fishing for Whiting, all commercial vessels must accept observers aboard their vessels upon request from the DMR or NOAA Fisheries, National Marine Fisheries Service (NMFS).

F.Reporting requirements: See Chapter 8.20(Q) Landings Program.

G.Revocation of Whiting endorsement

The failure of the license holder to comply with the reporting or observer requirements of this rule shall be grounds for the immediate revocation of the whiting endorsement or, in the discretion of the Commissioner, for a refusal to renew the Whiting endorsement. The Commissioner may revoke or deny renewal of the endorsement in accordance with the following procedures:

1. The Commissioner shall advise the license holder of the decision to revoke or to deny renewal of the Whiting endorsement by certified mail and shall include in the notice a statement of the grounds for the decision.

2. The Commissioner shall advise the license holder of his/her right to request that an adjudicatory hearing be held before the Department in conformity with 5 M.R.S.A., Chapter 375 subchapter IV. The Commissioner shall advise the license holder that the hearing must be requested in writing and that the written request must be received by the Department no later than ten days of receipt by the applicant of the notice, by certified mail, of immediate revocation or nonrenewal of the Whiting endorsement.

3. If an adjudicatory hearing is requested, the Commissioner shall schedule a hearing within ten days of the Department's receipt of the written request for hearing, unless a longer period is mutually agreed to in writing.

4. Notice of the hearing date, time, and location shall be given immediately to the license holder.

13-188 C.M.R. ch. 34, § 08