Section 188-25-75 - Lobster Import/Export PermitA.Definitions(1)Oversize Lobsters"Oversize lobsters" shall mean any lobster, which is more than 5 inches in length, as determined by the State lobster measure, in accordance with 12 M.R.S §6431(1).
(2)DMR SealsShall mean a self-locking device, or waterproof paper seal preprinted with the letters "DMR import/export", sequentially numbered and issued by the Department of Marine Resources (DMR). Trucks, buildings, crates and other similar containers will utilize the plastic self-locking device in a manner that will prohibit entry or opening without destroying the plastic seal. Boxes and other similar containers will utilize the waterproof paper seal placed on the container in a manner that will prohibit the opening of the container without destroying the paper seal.
(3)Permit HolderShall mean a Wholesale Seafood License with Lobster permit holder as defined in 12.M.R.S. §6851, licensed by the Department of Marine Resources, who has applied for and been issued a Lobster Import/Export permit authorizing the activities set forth in this regulation.
(4)Pre-culling Storage AreaShall mean a DMR approved and secure tank room, cooler or floatation pool. A pre-culling storage area may not hold any non-import/export lobsters.
(5)ShipmentShall mean any lot of lobsters delivered to a permit holder that may contain oversize lobsters.
(6)Time of Receipt of ShipmentShall mean the time of day when the truck seal is broken.
B.Permitted Activity by Lobster Import/Export Permit Holders(1) Oversize lobsters more than 5" in length (oversize) imported by a Maine Wholesale Seafood License with Lobster permit holder, under the authority of 12 M.R.S.A. §6431(6) and in accordance with this regulation, may be reconsigned or processed by the holder of a Lobster Processor License issued by the Department of Marine Resources. Oversized lobsters found in violation of this regulation shall be unlawful and subject to the penalties found in 12 M.R.S.A. §6431(7).C.Transport of ShipmentDMR seals shall be used to secure cargo doors or containers in such a manner that they cannot be opened without breaking the seal. Seals shall not be reused.
(1) Vehicles entering Maine for the purpose of delivering lobster shipments that contain oversize lobsters shall affix a DMR seal to the cargo door(s) immediately upon entering the state of Maine. The doors will remain sealed with DMR seals until the permit holder begins unloading the truck.(2) Vehicles receiving shipments of oversize lobsters in Maine must be sealed immediately.(3) Vehicle seals may be broken to unload or load additional product. Seals must be replaced before the vehicle continues.D.Receipt of ShipmentUpon receiving a shipment containing oversize lobsters at a fixed place of business, a permit holder shall:
(1) Immediately place the shipment in a DMR-approved pre-culling storage area; or(2) Immediately seal each crate in the shipment with DMR seals in accordance with sealing procedures stated in this regulation; or(3) Segregate the shipment so it is identifiable as pre-cull imported product from Canada, and remove oversize lobsters from the shipment within 24 hours of receipt of shipment. If the 24-hour requirement cannot be adhered to, the permit holder will contact Marine Patrol to request additional time. The requests shall not be arbitrary. Multiple shipments utilizing the 24-hour option will be segregated in a DMR-approved manner that ensures shipments may be distinguished from one another. Oversize lobsters may not be released into a tank or pound.
E.Handling Procedures(1)Sealing containers of oversize lobsters after removal from shipmentAll crates containing oversize lobsters shall be sealed with DMR seals in a manner that will prohibit the crate from opening without breaking the seal before being placed into a permit holder's tank, pound or cooler. Cardboard boxes or other similar containers shall be sealed with a DMR-issued paper seal in a manner that would cause the seal to be destroyed if container were opened. Seals shall not be reused.
(2) The DMR seal may only be removed for the purposes of:(a) Removing oversized lobsters for conveyance out of state or to another permit holder in accordance with Chapter 25.75(B);(c) Removing dead or diseased lobsters, which shall be disposed of in accordance with the Department of Agriculture Hazard Analysis Critical Control Point (HACCP) regulation; or(d) Processing by the holder of a Lobster Processor License.F.Record Keeping1. All shipments containing oversize product must be documented as follows:(a) A photocopy of the bill of lading;(b) The total number of crates of oversize product culled from shipment;(c) The seal numbers used to seal oversize product crates; and(d) The time of receipt of shipment.2. All cargo doors, pre-culling storage areas, containers and crates containing oversize lobsters sealed according to this regulation will be documented as follows:(a) The seal number of any seal removed in accordance with Chapter 25.75(C)(3) or 25.75(E)(2) and date it was removed;(b) The number of the seal; and(c) The date the container was sealed.13-188 C.M.R. ch. 25, § 75