Section 188-25-08 - Lobster Trap Tag SystemA.Prohibitions(1) No person shall fish with or have on board a vessel a lobster trap unless a valid lobster trap tag issued by the Commissioner is securely attached to the frame of the trap. The lobster trap tag shall be affixed to the bridge of the lobster trap so that the tag information is clearly visible for inspection by a Marine Patrol Officer.(2) No person shall fish with, lift, haul, raise, or transport any lobster trap with a tag which has been tampered with or where the tag number is illegible or missing.(5)Fishing in a Non-Declared Lobster ZoneBy June 1, 2017, all Class I, Class II or Class III lobster and crab fishing license holders must affix a second zone tag to their traps when fishing those traps in a zone other than their declared lobster zone. This second zone tag will be in addition to their declared lobster zone tag.
A person who holds a Class I, Class II or Class III lobster and crab fishing license may not fish more than 49% of that person's lobster traps in a limited entry zone unless that person's license identifies that zone as the declared lobster zone.
The tags must be obtained from the Department of Marine Resources.
The absence of a second tag on traps fished in a zone other than their declared lobster zone shall be prima facie evidence of a violation of this regulation.
B.Trap Tags(1) Any person fishing for lobsters or setting lobster gear must be a current licensed lobster/crab fisherman, with the exception of persons holding a current marine harvesting demonstration license authorized under 12 M.R.S.A. §6810- A. License holders must declare the vessel or vessels, at the time of license issuance or renewal, to which that license holder's trap tags will be allocated pursuant to the license. A license holder may declare up to two vessels, except that a noncommercial lobster and crab license holder may declare no more than one vessel. The owner of a declared vessel will be given priority in the issuance of trap tags. If the license holder does not declare a vessel, he or she may be issued trap tags that will be considered unregistered. It is unlawful to fish with, lift, haul, raise or transport any lobster trap with an unregistered trap tag.(2) No license holder shall be issued trap tags in an amount or manner that causes that license holder or his/her declared vessel to exceed the applicable vessel trap limit established pursuant to 12 M.R.S. §6431-A and §6421 (3-A)(F) or the vessel operation requirements established pursuant to §6431- G. The issuance of trap tags shall be consistent with the individual trap limits, zone trap limits, boat trap limits and vessel limitation and vessel operation law and regulation. No license holder may set, haul, retrieve or take lobsters from a trap unless the trap contains a trap tag issued to that license holder. No license holder may use a vessel to set, haul, retrieve or take lobsters from a trap unless that trap contains a trap tag allocated to that vessel in accordance with the license holder's vessel declaration; except as authorized by the Commissioner pursuant to 12 M.R.S. §6431- G(2)(A),(B) or (C).(3) A lobster trap tag is valid starting June 1 of each year. Trap tags shall be valid until May 31 of the following year (12 months).(4) Tags shall be replaced each lobster fishing year, when supplied by the Commissioner.(5)License holder's presence aboardA license holder must be present aboard any vessel involved in setting, hauling, retrieving or taking lobsters from lobster traps for which such license holder has been assigned tags under this regulation. The Commissioner may authorize another person to fish for or take lobsters from a vessel when an owner is not on board if an illness or disability temporarily prevents that owner from fishing for or taking lobsters from that vessel and provided that person holds a Class I, II or III lobster and crab fishing license. For the purpose of this section temporary means up to the end of the current license year, unless otherwise specified by the Commissioner in the authorization. Such notification shall describe the disability or illness, the identity of the person who will be acting on the license holder's behalf and the time period involved. The Commissioner may approve of such substitution under such reasonable conditions as he may require in order to effectuate the purpose and intent of this regulation.
(6) Trap tag requirements for persons holding a marine harvesting demonstration license authorized under 12 M.R.S.A. §6810-A are provided in Chapter 110.C.Lost Tag ReplacementThe Commissioner, through his representatives, may issue additional tags to compensate for lobster traps and tags lost, up to 10% of the number of tags issued in that year to the registrant. In the event of catastrophic loss, the Commissioner may issue additional replacement tags in excess of this 10% limitation but may require that a hearing first be held in order to obtain satisfactory evidence of such loss.
D.Marine Patrol Officers(1) Marine Patrol Officers may inspect, at any time, any trap or related equipment to ensure compliance with this regulation. The absence of lobster traps tags attached to lobster traps, as required by the chapter, shall be prima facie evidence of a violation of the regulation.(2)Provision for on-shore trap countThe Commissioner of the Department of Marine Resources may order a registrant to display lobster traps for an on-shore trap count to verify the amount of lobster traps being fished to be in compliance with 12 M.R.S.A. §6431- A.
E.Trap Tag FeesPrice of tags and replacement tags will be set by the Commissioner to cover the costs of trap tags, the cost of administering and enforcing the lobster tag system and other costs associated with 12 M.R.S.A. §6431- B.
F. All requests for approval by the Commissioner of a variance from the requirements of Chapter 25.08 B(2) and or (5) must be made to the department in writing; and any such approvals which are granted will be in the form of a special circumstances permit. Any fishing activity not expressly authorized in the special circumstance permit granted by the Commissioner shall be a violation of this subsection and subject to prosecution and or seizure.13-188 C.M.R. ch. 25, § 08