13-188 C.M.R. ch. 55, § 06 - Fish Passage Regulations

1. Any net or trap set in any tidal river, brook, stream or other watercourse must:

A. not occupy more than two-thirds (2/3) of the watercourse measured at any time of tide;

B. not exceed 30 feet in length, as measured from the opening of the net to the terminal portion of the end of the net;

C. not be located within 50 feet of any part of another net or trap;

D. not have a mesh size less than 1/8" diamond or square stretch mesh or greater than one inch;

E. be tended and the contents removed at least once every 24 hours; and

F. be clearly marked by a floating buoy or surface marker with the owner's commercial fishing or Commercial Pelagic and Anadromous Fishing license number and telephone number.

2. Exceptions:

A. The holder of a Commercial Pelagic and Anadromous Fishing License, fishing in accordance with the bait gillnet regulations in Chapter 55.04, may use a net exceeding 30 feet in length and a mesh size of less than 3.5 inches diamond or square stretch mesh in accordance with Chapters 55.04(B) and 34.10, provided that all the other gear restrictions in Chapter 55.06(1) are met.

B. Persons fishing in accordance with river herring fishing rights granted pursuant to 12 M.R.S. §6131 are not subject to the gear limitations of Chapter 55.06(1).

C. Persons issued an elver license in accordance with 12 M.R.S. §6505-A and fishing in accordance with applicable elver fishing laws and regulations are not subject to the gear limitations of Chapter 55.06(1).

D. Persons issued an aquaculture lease pursuant to 12 M.R.S. §6072 or § 6072-A, a limitedpurpose aquaculture (LPA) license pursuant to 12 M.R.S. §6072-C are not subject to the gear limitations of Chapter 55.06(1).

E. Persons engaged in the traditional stop seine fishery for Atlantic Sea Herring or Atlantic menhaden are not subject to the gear limitations of Chapter 55.06(1).

Notes

13-188 C.M.R. ch. 55, § 06