13-188-25 Me. Code R. § 11
It shall be unlawful to sell or use any marine or freshwater organism as bait to fish for or take lobsters or crabs that has not been reviewed and approved by the Department of Marine Resources.
An individual may apply for the review of a bait source to the Department of Marine Resources on forms supplied by the Commissioner. The Department will provide a written response within 60 days, whether the bait will be placed on the "approved" freshwater list or "prohibited" marine list. A freshwater organism that has been reviewed and not listed as "approved" is prohibited as bait. A marine organism that has been listed as "prohibited" is also prohibited as bait.
Application forms and lists of "approved" freshwater and "prohibited" marine bait will be made available on the Department's website at http://www.maine.gov/dmr/rm/lobster/index.htm or by contacting the DMR Lobster Resource Coordinator at (207) 624-6550.
Applications for approval shall contain the following information about the bait source:
Name, address, email, and phone number of the applicant; Species including scientific name; Life cycle stage; Body part; Farm raised or wild; Relevant certifications (disease or pest free, hazard analysis & critical control point, etc.); Area of origin; Proposed date(s) of removal; Intermediate processing location(s) and contact information of processing facility, if applicable and Additional information necessary to determine if a bait source is safe for aquatic and human populations.The Commissioner shall evaluate the level of risk associated with the proposed introduction of a bait source into the marine environment by considering the potential impacts to the marine ecosystem and consumers. Each evaluation shall consider the probable effects of the introduction of the bait into the recipient area, including, but not limited to:
The Commissioner may conditionally approve a bait source by establishing conditions necessary to prevent the spread of infectious or contagious pathogens, pests, parasites, or invasive species to aquatic or human populations. The Commissioner may remove a bait source from either list at any time in response to changed conditions or additional information that merits reconsideration of the initial review.
If a species/location is placed on the "prohibited" marine list or not included on the "approved" freshwater list, the applicant may petition for a permit to import the bait, subject to testing requirements, proof of chain of custody and/or other information as requested by the Commissioner.
The Department shall annually review and update the "approved" freshwater and "prohibited" marine bait lists.
Any person who purchases lobster or crab bait for other than their own use and then sells the bait as a wholesale or retail bait product, is considered a lobster/crab bait dealer.
All lobster/crab bait dealers shall obtain a wholesale dealer license with bait endorsement issued by the Department of Marine Resources. There will be no additional charge for the lobster endorsement.
Lobster/crab bait dealers are required to provide a list of baits sold the previous year and a list of baits that they plan to sell the following year, by February 1 annually. Detailed records of each shipment of bait imported into the State of Maine shall be maintained by the purchasing dealer for a minimum of 2 years. These records shall be made available to the Department upon request.
This rule shall become effective upon the issuance of approved and prohibited bait lists following an initial review by the Commissioner of marine or freshwater organisms for use as bait to fish for or take lobster or crabs. The approved and prohibited bait lists will be posted on the Department's web site. Copies of the lists will also be available from the Department.
13-188 C.M.R. ch. 25, § 11