Section 188-41-06 - Designated Partnership Agreement1. Prior to May 31st, annually, each Commercial Menhaden License holder requesting to enter into a Designated Partnership Agreement shall complete application forms provided by the Commissioner. Forms must include the following information: i. Licensee name and license number of both partnersii. Vessel name and number listed on each partner's licenseiii. Primary landing port of each vessel2. The Commissioner will evaluate Designated Partnership Agreement applications and may approve or deny applications based on the following criteria: i. Both applicants must have reported harvest activity from the previous Maine Commercial Menhaden season in the form of landings reports;ii. Both applicants must not have had a menhaden quota violation within the previous fishing season; andiii. Both applicants' vessels must be similarly rigged to fish with purse seine gear, in a manner that would allow either vessel to conduct the same level of harvest effort.3. A Designated Partnership Agreement approved by the Commissioner shall be in effect for the entire State Allocation Fishery, unless otherwise paused or terminated by the Commissioner during the season. Designated Partnership Agreements, once approved, may not be modified by the parties during the fishing season. The Commissioner shall maintain a list of approved Designated Partnership Agreements.4. It shall be unlawful for a vessel listed on an approved Designated Partnership Agreement to remove fish from a purse seine unless the seine was set by that vessel or the Designated Partner vessel.5. It shall be unlawful for a vessel listed on an approved Designated Partnership Agreement to remove fish from a purse seine unless the vessel removing the fish is also rigged to fish with a purse seine in a manner that would allow either vessel to conduct the same level of harvest effort consistent with how the partner vessel is rigged.6. When fishing under an approved Designated Partnership Agreement the vessel removing the fish from the seine is responsible for reporting those fish taken as required.7. The Commissioner may pause or terminate Designated Partnership Agreements at any time under the following conditions:a. Whenever landings of menhaden are occurring at a rate that the Commissioner is concerned that the entire quota for the state allocation fishery will be reached in a time frame that will negatively impact the supply and availability of bait or,b. Whenever the Commissioner is concerned Designated Partnership Agreements are being unlawfully used or abused so as to negatively impact the menhaden quota or fishery. If the Commissioner determines it is necessary to pause or terminate Designated Partnership Agreements, the Department will notify declared license holders by direct notice to the email address and phone number provided by the license holder and on the Department's publicly accessible website.
13-188 C.M.R. ch. 41, § 06