13- 188 C.M.R. ch. 90, § 20

Current through 2024-46, November 13, 2024

Section 188-90-20 - Hancock County

1.Taunton Bay Management Area (Hancock, Sullivan, and Franklin)

A.Description

All territorial waters north (inland) of Sullivan Falls also known as Tidal Falls between the Towns of Hancock and Sullivan. The line will be the shortest distance at mean high water between Falls Point, Sullivan and Tidal Falls Conservancy Property, Hancock.

B.Restrictions and Compliance

It shall be unlawful to take or possess by drag any marine organism except mussels within the Taunton Bay Management Area (TBMA); except that dragging may occur in this area on aquaculture leases issued pursuant to 12 M.R.S.A. §6072, § 6072-A, or 6072-B, or a limited-purpose aquaculture (LPA) license pursuant to 12 M.R.S.A. §6072-C. Dragging for mussels within the area shall be in accordance with Chapter 90.20(1)(B)(1) and (2) below:

(1)Sensitive areas

The Department shall post on its website the location of all sensitive areas in the TBMA vulnerable to dragging (including but not limited to horseshoe crab over wintering areas, kelp beds, eelgrass beds, aquaculture leases or LPA's, and intake or outflow pipes if known);

(2)Eligibility

To be eligible to drag for mussels within the TBMA, any harvester of mussels shall submit a drag plan to the Commissioner, in writing 10 business days in advance of harvest and must receive approval by the Commissioner prior to harvesting.

(a) All dragging shall be prohibited in areas identified by Chapter 90.20(1)(B)(1) as sensitive areas vulnerable to dragging

(b) The drag plan shall indicate:

(i) location,

(ii) timing of harvest and

(iii) amount of mussels proposed to be harvested and

(c) Dragging is prohibited without an approved plan.

(3) Failure to follow the approved drag plan shall be a violation of this regulation.

13- 188 C.M.R. ch. 90, § 20