13-188-26 Me. Code R. § 02

Current through 2024-51, December 18, 2024
Section 188-26-02 - Sea Urchin Minimum Size and Tolerance
1. Prohibition

It is unlawful for any person to take, possess, ship, transfer, transport, buy, or sell a sea urchin having a shell measuring less than 21/16 inches in the longest diameter, measuring from the top or bottom of the urchin, exclusive of spines.

2. Exceptions to 26.02(1) Prohibition
A. Possession Tolerance for All Persons

Any person may possess sea urchins measuring less than 21/16 inches if they comprise less than 5% of any bulk pile.

B. Take Tolerance for Harvesters
(1) Zone 1 & 2 Divers

Zone 1 & 2 divers may take sea urchins that are less than 21/16 inches if they comprise less than 20% of any bulk pile prior to culling on board.

(2) Take Tolerance for All Other Harvesters

All licensed sea urchin harvesters except Zone 1 & 2 divers may take sea urchins that are less than 21/16 inches prior to culling on board.

C. Sea Urchins Obtained Outside the State of Maine

Any person exceeding the possession tolerance of this regulation for sea urchins measuring less than 21/16 inches shall not be in violation of Chapter 26.02 if that person is in possession of a bill of lading for the amount of the sea urchins exceeding the tolerance amount showing those sea urchins were lawfully obtained from an origin outside the State of Maine. The absence of a bill of lading shall be prima facie evidence that the sea urchins were taken from waters within the jurisdiction of the State of Maine.

3. Tolerance

Tolerance shall be determined by numerical count of not less than ½ bushel taken at random from various parts of the bulk pile or by count of the entire bulk pile if it contains less than ½ bushel.

If any person is found in possession of sea urchins measuring less than 21/16 inches that comprise more than 5% of the bulk pile pursuant to 26.02(2)(A) or 20% pursuant to 26.02(2)(B)(1), that bulk pile shall be considered contraband and subject to seizure.

4. Culling Requirement

Sea urchins measuring less than 21/16 inches must be culled on board immediately after take, and liberated alive into the marine waters.

13-188 C.M.R. ch. 26, § 02