Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES
Subchapter 4: MISCELLANEOUS SPECIES
Article 1: LICENSES
§6810-A. Marine harvesting demonstration license
1.License required. Notwithstanding section 6074, an individual may not engage in an activity authorized under this section without a valid
marine harvesting demonstration license.
[
2003, c. 169, §1 (NEW);
2003, c. 169, §3 (AFF)
.]
2.Licensed activities. An individual who holds a marine harvesting demonstration license may engage in limited fishing activities for the purpose
of providing an educational demonstration of marine harvesting techniques or of the marine ecology of the Gulf of Maine as
part of a commercial operation. An individual may not handle a lobster trap, warp or buoy used for the purposes of this section
unless that individual meets the requirements of subsection 7.
Subject to the requirements of subsection 3, an individual who holds a Class I, Class II or Class III lobster and crab fishing
license may assist a person who holds a marine harvesting demonstration license on that person's boat in the demonstration
of lobster and crab fishing without obtaining a marine harvesting demonstration license.
[
2003, c. 169, §1 (NEW);
2003, c. 169, §3 (AFF)
.]
3.License limitations. An individual who holds a marine harvesting demonstration license may not sell, retain, ship or transport any portion of
the catch and shall release all organisms alive into the area from which the organisms were harvested. A vessel identified
under subsection 6 may not be used for the commercial harvest of marine organisms unless otherwise provided by the department.
[
2003, c. 169, §1 (NEW);
2003, c. 169, §3 (AFF)
.]
4.Gear limitations and requirements. The commissioner shall specify the type and amount of gear that may be used under a marine harvesting demonstration license.
A. The number of lobster traps fished from a vessel may not exceed 20 traps, regardless of the number of marine harvesting
demonstration license holders fishing from that vessel. [2003, c. 169, §1 (NEW); 2003, c. 169, §3 (AFF).]
B. The commissioner shall establish a lobster trap tag system under which a marine harvesting demonstration license holder
must purchase a tag for the purpose of identifying and tracking traps. The commissioner may impose a per-tag fee to cover
the cost of the trap tags and the costs of administering and enforcing the lobster trap tag system. Trap tag fees must be
deposited in the Lobster Management Fund established under section 6431-C. [2003, c. 169, §1 (NEW); 2003, c. 169, §3 (AFF).]
[
2003, c. 169, §1 (NEW);
2003, c. 169, §3 (AFF)
.]
5.Boat declaration. The marine harvesting demonstration license holder shall declare the name of the vessel to be used for fishing under the
license at the time of application for the license and may not change that vessel during the license year unless otherwise
authorized by the department.
An individual who holds a marine harvesting demonstration license may assist another person who holds a marine harvesting
demonstration license on that person's vessel without declaring the name of that vessel. The individual who assists another
license holder must have written permission from that license holder before handling that person's demonstration lobster traps,
warps or buoys.
[
2003, c. 169, §1 (NEW);
2003, c. 169, §3 (AFF)
.]
6.Demonstration vessel identification. A vessel may not be used for the purposes of this section unless that vessel is clearly identified as provided by the commissioner
under this subsection. The commissioner shall establish the type and specifications of vessel identification to be used for
purposes of this section. The commissioner may impose an administrative fee to cover costs associated with implementing this
subsection.
[
2003, c. 169, §1 (NEW);
2003, c. 169, §3 (AFF)
.]
7.Additional requirements for lobster and crab harvesting demonstrations. A person may not demonstrate lobster or crab harvesting methods under this section unless that person holds a marine harvesting
demonstration license and:
A. Has successfully completed a lobster and crab fishing written examination as provided in section 6423; or [2003, c. 169, §1 (NEW); 2003, c. 169, §3 (AFF).]
B. Held a Class I, Class II or Class III lobster and crab fishing license and has landed lobster under that license. [2003, c. 169, §1 (NEW); 2003, c. 169, §3 (AFF).]
An individual who successfully completes the examination under paragraph A is not required to repeat that examination to renew
a marine harvesting demonstration license.
[
2003, c. 169, §1 (NEW);
2003, c. 169, §3 (AFF)
.]
8.Fee. The fee for a marine harvesting demonstration license is $26.
[
2009, c. 213, Pt. G, §35 (AMD)
.]
9.Rules. The commissioner may adopt rules to carry out the purposes of this section. Rules adopted pursuant to this section are routine
technical rules as defined in Title 5, chapter 375, subchapter 2-A.
[
2003, c. 169, §1 (NEW);
2003, c. 169, §3 (AFF)
.]
10.Application of laws. Except as provided in this section, licenses issued under this section are subject to applicable laws under this Part.
[
2003, c. 169, §1 (NEW);
2003, c. 169, §3 (AFF)
.]
11.Violation. A person who violates this section commits a civil violation for which a fine of not less than $100 nor more than $1,000
may be adjudged.
[
2003, c. 169, §1 (NEW);
2003, c. 169, §3 (AFF)
.]
SECTION HISTORY
2003, c. 169, §1 (NEW).
2003, c. 169, §3 (AFF).
2009, c. 213, Pt. G, §35 (AMD).
Data for this page extracted on 10/22/2009 03:22:18.