13-188-94 Me. Code R. § 03

Current through 2024-38, September 18, 2024
Section 188-94-03 - Adoption by Reference
A.Model Ordinance.The Model Ordinance is hereby incorporated by reference and made part of this rule as if set out in full and all provisions thereof are adopted.The Model Ordinance is available from the Commissioner's Office at the Department of Marine Resources, 32 Blossom Lane, Augusta, Maine, and online at: http://www.issc.org/nssp-guide.
B.Authority.The Maine Department of Marine Resources (DMR) or those entities with which DMR has entered into a Memorandum of Understanding, is the Authority responsible for the implementation and enforcement of the Model Ordinance in Maine.
C.Control.Where there is inconsistency between Chapter 94 and the Model Ordinance, these rules control. Where these rules are silent, the Model Ordinance controls.
D.Compliance.Persons engaged in taking, buying, selling, possessing, processing, depuration, wet storage, and transportation of shellfish shall comply with the provisions of the Model Ordinance.

Exceptions: These requirements do not apply to persons who conduct activities limited to:

1. Personal use as defined by 12 MRS §6001
2. Transporting shellfish as a common carrier as defined by 12 MRS §6001
3. Buying, selling, transporting, shipping or serving shellstock or shucked shellfish purchased from a dealer in the retail trade

13-188 C.M.R. ch. 94, § 03