Maine § 12 §6448 Limited-entry zones

Maine Statutes

§ 12 §6448 — Limited-entry zones

Maine·Title 12 CONSERVATION·Part 9 MARINE RESOURCES·Ch. 619 LOBSTER AND CRAB FISHING LICENSES

1.Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

2.Rules for limited-entry zones. The commissioner may adopt rules establishing limits on new zone entrants to a lobster management zone. These rules must be adopted in accordance with this subsection.

3.Fishing in limited-entry zones. A person who holds a Class I, Class II, Class III or student lobster and crab fishing license may not fish a majority of that person's lobster traps in a limited-entry zone unless that person's license identifies that zone as the declared lobster zone.

4.Limited-entry zone as declared lobster zone. A person may not be issued a Class I, Class II or Class III lobster and crab fishing license that identifies a limited-entry zone as

Free access — add to your briefcase to read the full text and ask questions with AI

1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Rules for limited-entry zones.
The commissioner may adopt rules establishing limits on new zone entrants to a lobster management zone. These rules must be adopted in accordance with this subsection.
3.
Fishing in limited-entry zones.
A person who holds a Class I, Class II, Class III or student lobster and crab fishing license may not fish a majority of that person's lobster traps in a limited-entry zone unless that person's license identifies that zone as the declared lobster zone.
4.
Limited-entry zone as declared lobster zone.
A person may not be issued a Class I, Class II or Class III lobster and crab fishing license that identifies a limited-entry zone as the declared lobster zone unless that person:
5.
Application for limited-entry zone.
A person who wishes to be a new zone entrant shall indicate to the commissioner in writing a request to declare a limited-entry zone as the person's declared lobster zone, in accordance with this subsection. A person may indicate up to 2 limited-entry zones that the person requests to declare as the person's declared lobster zone. The commissioner shall stamp each request with the time and date of submission. A person may not be authorized as a new zone entrant unless that person made a request under this subsection no later than December 15th of the previous calendar year.
6.
Waiting lists.
The commissioner shall maintain and make available waiting lists as follows:
6-A.
Periodic verification of waiting list.
The commissioner shall verify at least once every 3 years that each person who is listed on a waiting list established under subsection 6 wishes to remain on the waiting list. To verify that a person wishes to remain on a waiting list, the commissioner must attempt to contact the person by regular mail, telephone or e-mail. If a person does not respond within 60 days of the initial attempt to contact, a notice must be sent by certified mail informing the person that a response is required within 30 days from the date of mailing. The commissioner shall remove a person from a waiting list who does not respond to the notice sent by certified mail within 30 days after the date of mailing. The commissioner may place a person who has been removed from a waiting list pursuant to this subsection back on a waiting list in the position where the person would otherwise have been when the person shows that the reason for not responding was that the person was on active duty with the Armed Forces of the United States or the National Guard.
7.
Authorization of new zone entrants.
7-A.
Authorization of new zone entrants.
The commissioner shall determine by April 1st of each licensing year the number of new zone entrants that may be authorized for each limited-entry zone. The number of new zone entrants authorized in a licensing year must be in accordance with the exit ratio established under subsection 2 for that zone. The commissioner may adopt rules consistent with subsection 2, paragraph B to implement this subsection. Upon adoption of rules, the exit ratio must be used to establish the number of new zone entrants in accordance with subsection 2, paragraph C by:
8.
Exceptions.
Notwithstanding subsection 4, the following persons may be issued a Class I, Class II or Class III lobster and crab fishing license that identifies a limited-entry zone as the declared lobster zone without meeting the requirements in subsection 4.
9.
Rules.
The commissioner may establish by rule procedures to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A.
10.
Survey required.

Maine § 12 §6448 (Limited-entry zones) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

PL 1999, c. 508, §3 (NEW). PL 1999, c. 643, §7 (AMD). PL 1999, c. 693, §§1,2 (AMD). PL 2003, c. 510, §A7 (AMD). PL 2005, c. 239, §4 (AMD). PL 2005, c. 239, §11 (AFF). PL 2007, c. 204, §§4-9 (AMD). PL 2007, c. 615, §11 (AMD). PL 2009, c. 294, §1 (AMD). PL 2011, c. 486, §§ 3, 4 (AMD). PL 2013, c. 239, §§2-7 (AMD). PL 2015, c. 68, §7 (AMD). PL 2015, c. 428, §§4-9 (AMD).