13- 188 C.M.R. ch. 25, § 90
The following terms, as used in these regulations, shall have the following meanings:
"Beginning at the northern tip of Long Point, Marshall Island, Hancock County, Maine; then northerly to the navigational buoy at the western entrance to Toothacher Bay (located at the intersection of Loran Lines 9960-W-12492.0 and 9960-X-25800.0); then northeasterly to West Point, Swans Island, Hancock County, Maine; then from Phinney Point on the northeastern shore of Swans Island southeasterly to the intersection of Loran lines 9960-W 12445.6 and 9960-X 25780.9 (68º22.40' W. Long., 44º08.79' N. Lat.) Hancock County, Maine; then southwesterly to the intersection of Loran lines 9960-W-12468.0 and 9960-X-25773.0 (68º23.6' W. Long., 44º06.4' N. Lat.); then south-southwesterly to the intersection of Loran lines 9960-W-12482.2 and 9960-X-25766.4 (68º24.01' W. Long., 44º04.8' N. Lat.); then southerly to the intersection of Loran Lines 9960-W-12493.5 and 9960-X-25758.4 (68º23.9' W. Long., 44º03.1' N. Lat.) and the intersection with the Three Mile Limit, as shown on NOAA, National Ocean Survey #13312; then southwesterly along the Three Mile Limit approximately 3.5 miles to a point where a line drawn southeasterly 165º True from the center of Black Ledges intersects the Three Mile Limit at Loran lines 9960-W-12524.5 and 9960-X-25765.5 (68º28.6' W. Long., 44º01.9' N. Lat.); then northwesterly 345º True to the center of Black Ledges; then northwesterly to the most southerly point of Marshall Island; thence along the westerly shore of Marshall Island to the point of beginning."
A person who registers, under Subsection C of this regulation. All registered persons will be registered from the time of registration until the end of the calendar year and must comply with all of the provisions of this regulation during that time.
A person who regularly accompanies the registrant on board a lobster fishing boat throughout the period of the year in which this registrant has traps in the water, and who is hired or otherwise retained by such registrant to assist in lobster fishing operations.
A local committee composed of the registrants of the Swans Island Lobster Conservation Area that is established to provide advice to the Commissioner on issues affecting the Swans Island Lobster Conservation Area.
No person shall place or maintain any trap for lobsters, or otherwise fish for or take lobsters, within the Swans Island Lobster Conservation Area except as provided by and in accordance with the terms of this regulation.
The Commissioner shall require an annual registration of any Class I, II, or III lobster and crab fishing license holder who is requesting to fish the Swans Island Lobster Conservation Area and who meets one of the following criteria;
Each lobster trap maintained by a registrant must display a special numbered tag supplied by the Commissioner. Tags shall be replaced annually, when supplied by the Commissioner. Not more than three traps may be attached to a warp and lobster buoy.
A registrant may place and maintain a total of not more than the maximum allowable number of lobster traps indicated below. Each such trap shall bear the appropriate tag.
Maximum Allowable Number of Lobster Traps and Tags 600
It is unlawful for any person, except the registrant as defined under Chapter 25.90(A)(2) to set, haul, retrieve, or otherwise tend to lobster traps or to take lobsters from the waters of the Swans Island Lobster Conservation Area.
The 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.
Registrants shall comply with all other laws and regulations applicable to the trapping or other taking of lobsters.
The Department's authorized representatives may inspect at any time any trap or related gear to insure compliance with this regulation. The absence of tags attached to lobster traps as required hereunder shall be prima facie evidence of a violation of this regulation.
The Committee shall advise the Commissioner on all aspects of the management of the lobster fishery in the area. This will include, but not be limited to, trap limits, tag replacement, eligibility to register, reporting of biological data, enforcement concerns, and modifications of this regulation.
The Committee shall be composed of 5 members, as follows:
Fishermen who are registered in accordance with this regulation shall meet annually on the second Tuesday of June to elect members of the Committee. Member(s) shall be elected for two-year terms. Member's terms are to be staggered, and members may be re-elected.
The Committee must elect a chair and a secretary whose duty it shall be to keep a record of meetings and present to the Commissioner the recommendations of the Committee in accordance with Chapter 25.90(G)(1).
A Committee member whose Maine State Lobster license is suspended, revoked, or who fails to renew the Maine State Lobster license shall automatically be removed from the Committee. A Committee member who misses three consecutive meetings without notifying the Chairman of the intended absence from a meeting may be removed from the Committee by affirmative vote of the Committee.
The Committee shall meet at least quarterly per year or more often as needed to address issues of importance concerning the area. Committee meetings shall be open to the public.
Notice of meetings shall be provided at least one week prior to the meeting and shall set forth the date, time and place that the meeting is to be held.
The Chairman may call special meetings, as needed, and public notice shall be posted.
The right to vote on any matter or matters at any meeting is restricted to the members of the Committee.
A quorum is a majority of the members of the Committee. The members present at a duly called meeting at which a quorum is not present may continue to discuss business at the meeting but no vote may be taken.
No action may be taken by Committee members without a meeting being held thereon.
Any vacancy occurring in the membership of the Committee including vacancies created by reason of resignation, ineligibility, death, or change in the number of Committee positions shall be filled.
The Chairman may appoint one or more sub-committees, each of which shall consist of at least two members. The Chairman may also designate additional non-Committee persons to any such sub-committees. A sub-committee shall be established to perform certain tasks as designated by the Chairman, such tasks shall be consistent with the purposes of the Committee. The sub-committee shall report its recommendations to the Committee. Such sub-committees shall not have the authority of the Committee.
13- 188 C.M.R. ch. 25, § 90