Section 6748 - Handfishing sea urchin license1.License required. A person may not engage in the activities authorized under this section without a current handfishing sea urchin license or other license issued under this Part authorizing the activities. A person acting as tender to an individual possessing a current individual handfishing sea urchin license issued under subsection 4, paragraph A shall possess a sea urchin and scallop diving tender license issued under section 6535. The handfishing sea urchin license with tender issued under subsection 4, paragraph B authorizes a person to engage in the activities described in section 6535, subsection 2 aboard the licensees boat when it is engaged in the harvesting of sea urchins. [2009, c. 561, §28(RPR).]
1-A.Exception. A person may act as a tender to an individual possessing a current handfishing sea urchin license with tender issued under subsection 4, paragraph B without being licensed under this Part if that person has met the tender safety requirements adopted by rule pursuant to section 6533. [2009, c. 561, §28(NEW).]
2.Licensed activity. The holder of a handfishing sea urchin license may take sea urchins by hand or possess, ship, transport or sell sea urchins. A. [2015, c. 201, §4(RP).]B. [2015, c. 201, §4(RP).] A person may not act as a tender under subsection 4, paragraph B unless that person has met the tender safety requirements adopted by rule pursuant to section 6533.
[2015, c. 201, §4(AMD).]
3.Eligibility. A handfishing sea urchin license may be issued only to an individual who is a resident. [2009, c. 561, §28(RPR).]
4.Zone 2 fee. Fees for Zone 2 handfishing sea urchin licenses are:A. For an individual handfishing sea urchin license, $152; and [2009, c. 561, §28(RPR).]B. For a handfishing sea urchin license with tender, $202. [2009, c. 561, §28(RPR).] [2011, c. 598, §36(AMD).]
4-A.Temporary Zone 1 fee.[2009, c. 561, §28(RPR); MRSA T. 12 § 6748, sub-§ 4-A (RP).]
4-B.Zone 1 fee. Fees for Zone 1 handfishing sea urchin licenses are, if the Zone 1 season is not longer than 10 days: A. For an individual handfishing sea urchin license, $25; and [2011, c. 598, §37(NEW).]B. For a handfishing sea urchin license with tender, $50. [2011, c. 598, §37(NEW).] If the Zone 1 season is longer than 10 days, the department may by rule increase the individual handfishing sea urchin license fee and handfishing sea urchin license with tender fee to an amount no higher than the amount specified in subsection 4. Rules adopted under this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
[2011, c. 598, §37(NEW).]
5.Rebuttable presumption. It is unlawful for an individual to dive from a vessel with sea urchins on board unless that individual is licensed under this section. It is a rebuttable presumption that an individual diving from a vessel with sea urchins on board at any time of the year is diving for the purpose of fishing for or taking sea urchins. [2009, c. 561, §28(RPR).]
5.Violation.[2001, c. 421, Pt. B, §46(NEW); 2001, c. 421, Pt. C, §1(AFF); 2001, c. 667, Pt. A, §7(RAL).]
6.Violation. A person who violates this section commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged. [2009, c. 561, §28(RPR).]
Amended by 2015, c. 201,§ 4, eff. 10/15/2015.Amended by 2013, c. 282,§ 6, eff. 10/9/2013.Amended by 2012, c. 598,§§ 36, 37, eff. 4/6/2012.1993, c. 416, § 2 (NEW) . 1993, c. 416, § 4 (AFF) . 2001, c. 327, § 4 (AMD) . 2001, c. 421, §B46 (AMD) . 2001, c. 421, §C1 (AFF) . 2001, c. 667, §A7 (AMD) . 2003, c. 20, §WW19 (AMD) . 2009, c. 213, Pt. G, §23 (AMD) . 2009, c. 396, § 8 (AMD) . 2009, c. 561, § 28 (RPR) .