Section 188-26-50 - Urchin Electronic ReportingFor the purpose of this section, "DMR-issued reporting device" means a transaction card or other Department developed and approved technology provided for the purpose of recording urchin transactions.
1. Eligibility. In order to be eligible for a DMR-issued device for the electronic reporting of urchin landings, an individual must be licensed according to 12 M.R.S. §6748, 6748-A, 6748-D, or 6302-A subsection 3 paragraph B. Valid reporting devices may only be issued by the Department of Marine Resources.2. Harvester Use. It is unlawful for an individual licensed under 12 M.R.S. §6748, 6748-A, 6748-D, or 6302-A subsection 3 paragraph B to sell or transfer urchins the license holder has taken, unless the harvester presents a DMR-issued reporting device and records each transaction. DMR-issued reporting devices may only be used to sell urchins which were harvested by the individual identified on the reporting device. A law enforcement officer may seize or deactivate the reporting device of an individual who has used their reporting device to sell urchins they did not harvest. The act of utilizing your reporting on any given day will be considered as one fishing day, between the hours of 12:00 am-11:59pm.3. Dealer Use. It is unlawful for a person licensed under 12 M.R.S. §6851 subsection 2-B, subsection 2-C, or § 6852 to purchase or transfer urchins from an individual licensed under 12 M.R.S. §6748, 6748-A, 6748-D, or 6302-A subsection 3 paragraph B, without recording the transaction using the electronic recording device specified by the Department for that purpose. DMR provided reporting software must be synchronized for updates to the reporting system prior to the purchase of urchins on each fishing day. A person licensed under 12 M.R.S. §6851 subsection 2-B or subsection 2-C may not purchase urchins from a harvester that does not present a DMR-issued reporting device. In the event of any failure of the reporting software or equipment, the Commissioner may authorize the use of paper reports until such time as the system is operational.4. Records required. A person licensed in accordance with 12 M.R.S. §6851 subsection 2-B or subsection 2-C shall maintain documentation to account for all urchins in their possession. Any urchins legally obtained from other jurisdictions must have sufficient documentation to demonstrate their origin. Failure to provide proper documentation will be prima facie evidence that the urchins are illegal and are subject to seizure.5. The Department will deactivate the reporting device of any individual who has met or exceeded their sea urchin harvest days. The onus is on the license holder to track days fished; harvesting beyond the number of allocated season days is considered fishing out of season and is prohibited.6. An individual licensed according to 12 M.R.S. §6748, 6748-A, 6748-D, or 6302-A subsection 3 paragraph B that has declared into either the Zone 1 or Zone 2 fishery, must report all landed and retained sea urchins daily to the Department via an approved electronic reporting option by 11:59 PM the day of landing or retention. If no landings or retention occurred on a day open for fishing in the license holder's declared zone, a negative report is required. Exception: Daily electronic reporting is not required if the license holder sells all their harvested sea urchins to a licensed dealer on the day of harvest and does not intend to hold any of the harvested sea urchins for sale later in the week.
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13-188 C.M.R. ch. 26, § 50