13-188 C.M.R. ch. 25, § 09 - Procedure for Issuing Seed Lobster Permits

A. Definitions

(1) Maine Lobster Pound Owner

For the purpose of allocating funds under 12 M.R.S.A. § 6451(2), a lobster pound owner is a person who owns an open air tidal circulated, or cove type facility, that has a minimum capacity of 20,000 pounds of lobsters (exclusive of tank rooms).

(2) Season

The Seed Lobster Program shall have an annual season of January 1 to November 30.

B. Procedures

(1) Application deadline

Prior to May 1 of each year, the Commissioner shall notify pound owners, who hold current wholesale seafood licenses, of the opportunity to participate in the Seed Lobster Program. Current wholesale seafood license holders must return the application form by May 15 to participate in the program for the current year.

(2) Set seed lobster purchase price

The Commissioner shall establish the price to be paid for seed lobsters during the current year, pursuant to 12 M.R.S.A. § 6451(2). The price shall be calculated based on the prior year's DMR Landings Program records for American Lobster. The price per pound shall be calculated as follows:

(a) Divide the landed value by the live pounds for the average price per pound to be used as the price for the program year.

Disbursement of Funds will be made after December 1.

(3) Allocation of money

(a) The Commissioner shall establish, with the advice of the Lobster Advisory Council, the amount of money to be expended each year for the purpose of purchasing seed lobsters from Maine lobster pound owners who are holders of current wholesale seafood licenses.

(b) Notwithstanding Chapter 25.09(B)(2) above, if liberations by pound owners exceeds the amount of money allocated for purchase of seed lobsters, each pound owner will be compensated for pounds liberated based on the following formula:

Funds available/ Total pounds liberated = Price per pounds liberated

(c) No pound shall be compensated for more than 2,000 pounds.

(d) If liberations by pound owners are less than the funds allocated for purchase of seed lobsters, the Commissioner may purchase female lobsters by competitive bid up to the amount remaining in the seed lobster purchase allocation for the current year.

(e) The Department shall indicate the condition of the lobsters at the time of liberation. Pound owners will not be reimbursed for unhealthy lobsters.

(4) Permit

(a) The Commissioner shall issue a permit to pound owners to hold and deliver seed lobsters to the Department in the amount to be purchased.

(b) Seed lobsters removed from pounds that are in excess of the amount stated in the permit must be liberated immediately or arrangements made to turn the lobsters over to the Department to be v-notched and liberated. The Department will provide a receipt (liberation slip) for all liberated lobsters.

Notes

13-188 C.M.R. ch. 25, § 09