13-188-32 Me. Code R. § 35

Current through 2024-51, December 18, 2024

Section 188-32-35 - Elver Quota System for 2023 Elver Season

A. The total allowable catch of elvers for 2023 for individuals licensed to fish for elvers under 12 M.R.S. §§6505-A and 6302-A is 9,688 lbs.

B. The total allowable catch of elvers for individuals licensed to fish for elvers established in accordance 12 M.R.S. §6505- A(3-A)(B) for 2023 is 7,566 lbs.

C. The total allowable catch of elvers for individuals licensed to fish for elvers under §6302- A, established in accordance with 12 M.R.S. §6505- A(3-A)(C) for 2023 is 2,122 lbs. A total of 2,122 lbs. allowable catch is allocated pursuant to 12 M.R.S. §6302- B, subsection 1 as follows:

1. 1287.29 lbs. to the Passamaquoddy Tribe

2. 620 lbs. to the Penobscot Nation

3. 107 lbs. to the Houlton Band of Maliseet Indians

4. 39 lbs. to the Aroostook Band of Micmac Indians.

69.03 lbs. was deducted from the amount of quota allocated to the Passamaquoddy Tribe for 2023 to compensate for the overage in their 2022 quota, in accordance with §6302- B.

D. An individual licensed to fish for elvers under 12 M.R.S. §6505- A(1) will be allocated an elver individual fishing quota based on the following process. The Department will:

1. Determine each license holder's allocation for the 2022 fishing season.

2. Deduct any quota associated with licenses that were suspended for the duration of the 2022 season, but which will be eligible to harvest in the 2023 season.

3. Calculate the poundage that would be allocated to license holders suspended for the duration of the 2023 elver season and for licenses not renewed in 2022, and distribute that poundage equally across all other license holders.

4. Round to the nearest tenth of a pound.

E. The license holder will be notified of his or her individual quota in writing, and transaction cards distributed in a manner determined by the Department.

F. An individual licensed under 12 M.R.S. §§6505-A and 6302-A may not possess or sell in any combination, an amount of elvers that exceeds that individual's elver individual fishing quota.

G. The Department will deactivate the transaction card of any individual who has sold or possessed in any combination an amount of elvers equal to or in excess of the elver individual fishing quota that individual has been allocated.

H. A law enforcement officer may seize the transaction card of any individual who has exceeded their elver individual fishing quota by possessing or selling in any combination an amount of elvers that exceeds that individual's elver fishing quota.

13-188 C.M.R. ch. 32, § 35