13-188 C.M.R. ch. 34
“Allocated groundfish species” means cod, witch flounder, American plaice, yellowtail flounder, haddock, pollock, winter flounder, redfish, and white hake for the purposes of this management plan
“Bait Gillnet” is a gillnet with diamond or square stretch mesh, measuring less than 3.5 inches throughout the entire net, is suspended in the water column, and has a maximum length of 2,000 feet.
A “charter or party boat” is any vessel that carries passengers for hire to engage in recreational fishing activities.
“Coastal waters” means all waters of the State within the rise and fall of the tide out to the limits of the exclusive economic zone as shown on the most recently published Federal Government nautical chart, but does not include areas above any fishway or dam when that fishway or dam is the dividing line between tidewater and fresh water.
The “cod end" is the terminal section of a trawl net in which captured fish may accumulate.
"Commercial catch" means all multispecies taken with any type of gear except multispecies taken for personal use by hand-held hook and line gear or any Atlantic Halibut taken in accordance with Chapter 34.07 D (5).
The “electronic monitoring maximized retention model” with respect to the groundfish sector monitoring program, means a program in which all eligible trips are electronically monitored; fish must be handled in view of cameras; allowed discarding must occur at controlled points in view of cameras; all allocated groundfish species stocks must be retained; electronic monitoring is used to verify compliance; and offloads are subject to observation by dockside monitors.
"Groundfish" means all demersal species including but not limited to the following:
Common English Name Scientific Name
Monkfish (Goosefish) Lophius americanus
American Plaice (Dab) Hippoglossoides platessoides
Atlantic Cod Gadus morhua
Atlantic Halibut Hippoglossus hippoglossus
Atlantic Searobins Prionotus spp.
Atlantic Tomcod Microgadus tomcod
Atlantic Wolfish Anarhichas lupus
Cunner Tautogolabrus adspersus
Cusk (Tusk) Brosme brosme
Greenland Halibut Reinhardtius hippoglossoides
Haddock Melanogrammus aeglefinus
North Atlantic redfishes Sabastes spp.
Ocean Pout acrozoarces americanus
Pollock (Saithe) Pollachius virens
Red Hake Urophycis chuss
Redfish Sabastes marinus
Sandeels (Sand lances) Ammodytes spp.
Sculpins Myoxocephalus spp.
Silver Hake(whiting) Merluccius bilinearis
Summer Flounder (fluke) Paralichthys dentatus
White Hake Urophycis tenuis
Windowpane Flounder Scophthalmus aquosus
Winter Flounder (Lemon sole/Blackback) Pseudopleuronectes americanus
Witch Flounder (Gray sole) Glyptocephalus cynoglossus
Wolffishes (catfishes) Anarhichas spp.
Yellowtail Flounder Limanda ferruginea
“Marine species” means all marine animals except lobster, shellfish, marine worms, and elvers.
“Pectoral length” is the measurement taken from the base of the pectoral fin where it joins the fish’s body to the tip of the fish’s tail.
"Recreational fishing" means fishing that is not intended to, nor does it result in the barter, trade, or sale of fish.
A “Recreational fishing vessel” means any vessel from which no groundfish harvest other than recreational fishing, is conducted. Charter and party boats are not considered recreational fishing vessels.
"Regulated species" means cod, witch flounder, American plaice, Atlantic halibut, yellowtail flounder, haddock, pollock, winter flounder, windowpane flounder, redfish, ocean pout and white hake for the purposes of this management plan.
A “Sink Gillnet” is a gillnet that is fished on or near the bottom in the lower third of the water column.
“Territorial waters” means all waters of the State within the rise and fall of the tide seaward to the 3-nautical mile line as shown on the most recently published Federal Government nautical chart, but does not include areas above any fishway or dam when that fishway or dam is the dividing line between tidewater and fresh water.
"Total length" is the measurement taken from the tip of the snout to the tip of the tail.
Mesh size of gillnet gear shall be measured by lining up five consecutive knots perpendicular to the float line and, with a ruler or tape measure, measuring ten consecutive measures on the diamond, inside knot to inside knot. The mesh shall be the average of the measurements of ten consecutive measures.
Mesh size for nets other than gillnets, shall be measured with a DMR issued net measure which has been certified for accuracy.
Square mesh in the regulated portion of the net is measured by placing the net gauge along the diagonal line that connects the largest opening between opposite corners of the square. The square mesh size is the average of the measurements of 20 consecutive adjacent meshes from the terminus forward along the long axis of the net. The square mesh is measured at least five meshes away from the lacings of the net.
Diamond mesh in the regulated portion of the net shall be measured in a direction parallel to the long axis of the net. Mesh size is determined by averaging the measurements for a series of 20 consecutive meshes. Mesh measurements must be taken at least five meshes away from the lacings of the net.
It shall be unlawful to fish for or take groundfish with any type of gear, or to possess groundfish so taken, from the following described area from May 1 through June 30 of any year:
In Boothbay, Sheepscot Bay, Linnekin Bay and Sheepscot River, in Lincoln and Sagadahoc Counties, starting at the Sloop Ledge navigational buoy C "5", then running in a Southerly direction to the navigational buoy at the Sisters N "4S", then running Southeast to the navigational buoy N "2" at Tom Rock; then continuing on a line true South (180 degrees true) approximately 1.8 miles to a point at position 43 42.06’N / 069 43.06’W intersecting a line drawn from the Mile Ledge Bell Buoy R "20ML" to the Bantam Rock Bell R "2"; then continuing in an Northeasterly direction (067 degrees true) along the line from the Mile Ledge Bell Buoy to the Bantam Rock Bell Buoy approximately 4.5 miles to the Bantam Rock Bell; then Northerly to and along the Western shore of Damariscove Island; then to and along the western shore of Fisherman Island to its Northern tip; then Northerly to the Southern tip of Ocean Point on Linnekin Neck.
Except for recreational harvest authorized by this chapter, it is illegal to fish for, take, or have in possession groundfish listed under this part during the months of April, May and June. Maine's territorial waters are closed to commercial harvest as follows: All territorial waters west of a line, running 180° magnetic from West Quoddy Head, in Lubec, to the Canadian international border. Commercial ground fishing vessels must have all fishing gear securely stowed and covered when transiting this area during the closed period. The stowage requirements will not apply to vessels secured to or moving between docks or moorings within a harbor.
GROUNDFISH SPECIES
Common English Name Scientific Name
American Plaice (Dab) Hippoglossoides platessoides
Atlantic Cod Gadus morhua
Haddock Melanogrammus aeglefinus
Ocean Pout Macrozoarces americanus
Pollock (Saithe) Pollachius virens
Red Hake Urophycis chuss
Redfish Sebastes fasciatus
Silver Hake (whiting) Merluccius bilinearis
White Hake Urophycis tenuis
Windowpane Flounder Scophthalmus aquosus
Winter Flounder (Lemon sole/Blackback) Pleuronectes americanus
Witch Flounder (Gray sole) Glyptocephalus cynoglossus
Yellowtail Flounder Pleuronectes ferrugineus
** See Also Groundfish harvesting and gear restrictions found in Department of Marine Resources Regulations 55.35 and 55.40.
The minimum mesh size for any otter or beam trawl net on a vessel, or used by any vessel fishing in Maine's territorial waters, shall be 6 inches diamond mesh or 6.5 inches square mesh in the body and wings, and 6.5 inches diamond mesh or square mesh in the cod end.
Sink gillnets must have a mesh size of at least 6.5 inches and be labeled with the owner’s commercial fishing license number. Gillnet fishermen may not fish more than fifty sink gillnets at one time. Sink gillnets with mesh measuring less than 6.5 inches are illegal and subject to seizure.
The use of hooks on any commercial fishing vessel engaged in tub trawling or long lining shall be 12/0 or greater circle hooks and limited to 250 in number except as provided for Atlantic Halibut in this chapter.
The use of de-hookers or “crucifiers” with less than 6-inch spacing between the fairlead rollers is prohibited.
Vessels are prohibited from retaining, killing or landing Ocean Pout, Windowpane Flounder, and Atlantic Wolffish.
Species Size Inches (cm)
American Plaice (dab) 12 (30.5 cm)
Cod 19 (48.3 cm)
Haddock 16 (40.7 cm)
Monkfish 17 (43.2 cm)
Pollock 19 (48.3 cm)
Redfish 7 (17.8 cm)
Summer Flounder 14 (35.6 cm)
Winter Flounder (lemon sole/blackback) 12 (30.48 cm)
Witch Flounder (gray sole) 13 (33.0 cm)
Yellowtail Flounder 12 (30.5 cm)
Charter, Party and Recreational vessels and/or recreational fishermen are prohibited from retaining, killing or landing Windowpane flounder, Ocean pout and/or Atlantic Wolffish.
It is unlawful to sell, barter, trade, or otherwise transfer for a commercial purpose, or to attempt to sell, barter, trade, or otherwise transfer for a commercial purpose, groundfish caught or landed by charter, party, or recreational fishing vessels.
Haddock 17 (43.2 cm)
American plaice (dab) 14 (35.6 cm)
Monkfish 17 (43.2 cm)
Redfish 9 (22.9 cm)
Summer Flounder……………………………. ……20 (50.8 cm)
Winter Flounder (blackback) 12 (30.5 cm)
Witch Flounder (gray sole) 14 (35.6 cm)
Yellowtail Flounder 13 (33.0 cm)
2. Exceptions
1. Winter Flounder
3. Summer Flounder
Each person on board a charter, party or recreational fishing vessel may not possess more than 1 cod per day. Cod may not be possessed on board a charter, party, or recreational fishing vessel from November 1 through August 31, inclusive.
When fishing for Atlantic Halibut, all commercial, recreational, party and charter boat vessels must accept observers aboard their vessels upon request from the DMR or National Marine Fisheries Service (NMFS).
Atlantic Halibut fishers may be requested to preserve stomach, gonad, otolith, scale or other biological samples for analyses by DMR and NMFS scientists. Any training necessary for compliance with such a request would be provided by DMR and/or NMFS personnel.
It shall be unlawful to possess aboard a vessel any grate raised footrope trawl (GRFT) net, which has net mesh less than 6.5 inches or cod end mesh which measures less than 2.5-inches. GRFT nets used to fish for or take whiting must comply with the federal regulations specified under 50 CFR §648.80(a)(16). For cod ends comprised of square mesh, measurements shall be taken from within the first 100 bars, counting from the terminus of the net, for vessels greater than 45 feet in length overall, and taken from within the first 50 bars, counting from the terminus of the net, for vessels 45 feet or less in length overall. For cod ends comprised of diamond mesh, measurements shall be taken from within the first 50 meshes, counting from the terminus of the net, for vessels greater than 45 feet in length overall and taken from within the first 25 meshes for vessels 45 feet or less in length overall.
In order to obtain a Whiting endorsement, GRFT federal exempted Whiting fishery participants must contact the Department of Marine Resources for a gear inspection. Upon satisfactory completion of the gear inspection, the Whiting endorsement will be affixed or applied to the license holder’s Maine Commercial Pelagic and Anadromous Fishing License by DMR personnel. The endorsement shall be subject to continued compliance with the gear apparatus and DMR reporting requirements.
The owner or operator of a vessel participating in the GRFT federal exempted Whiting fishery with a Whiting endorsement from DMR may not possess on board, or land any species of fish, other than a maximum of 7,500 lb (3,402 kg) of Whiting; except for the following incidental species in accordance with 50 CFR §648.80(a)(16)(i)(A): Offshore Hake, Red Hake; Butterfish; Herring; Mackeral; Squid; and Alewife.
When fishing for Whiting, all commercial vessels must accept observers aboard their vessels upon request from the DMR or NOAA Fisheries, National Marine Fisheries Service (NMFS).
The failure of the license holder to comply with the reporting or observer requirements of this rule shall be grounds for the immediate revocation of the whiting endorsement or, in the discretion of the Commissioner, for a refusal to renew the Whiting endorsement. The Commissioner may revoke or deny renewal of the endorsement in accordance with the following procedures:
August 22, 1979
May 2, 1982 – Section 05
May 5, 1982 – Section 05 & Appendix
June 30, 1982 – Section 10
April 26, 1983 – Section 10(C)(1)
April 20, 1984 – Section 05
November 8, 1986 – Section 10(B)
May 3, 1987 – Section 10
December 21, 1987 – Section 10
September 12, 1988 – Section 10
March 21, 1989 – Section 10
September 19, 1989 – Section 10(A) & (B)
December 13, 1989 – Section 15, EMERGENCY, Expires 3/13/90
June 18, 1990 – Section 15
December 26, 1994 – Section 10(B)
April 23, 1995 – Section 10, 15 (REPEALED)
July 1, 1995 – Section 10(A)
August 31, 1997 – Section 10(A) & (B)
August 25, 1998 – renumbering throughout; addition of 34.10(1)(C)(3)
December 12, 1998 – Section 10(1)(B)(3) added
February 26, 2001 – Section 10
February 26, 2001 – Section 20, EMERGENCY, Expires 5/27/01
May 23, 2001 – Section 10(1)(B)(2)(a) and (1)(B)(4)
May 22, 2002 – Section 10, EMERGENCY, Expires 8/20/02
July 22, 2002 – Section 10
October 21, 2002 – Section 10(1)(B)(4)(a)(i) and (ii); 10(1)(C)(4) added
September 16, 2003 – Section 10(1)(B)(2)(a) and (c), and 10(1)(C)(3)(e)
September 16, 2003 – Section 10(1)(B)(4)(c)
December 17, 2003 – Sections 10(1)(B)(4)(b) and (c)
September 20, 2004 – Section 10(1)(B)&(C)
May 5, 2005 – Section (10)(1)(B)(4)(a)(i) EMERGENCY, Expires 8/03/05
June 20, 2005 – Section 10(1)(B)(2)(c)
June 20, 2005 – Section 10(1)(B)(4)(a)(i)
October 24, 2005 – Section 10(1)(B)(4)(d)
July 24, 2006 – Section 10(1)(B)(2)(a) and (c)
June 25, 2007 - Section 34.10(1)(A)(5)
June 25, 2007 - Sections 34.01, 34.10(1)(B)(4)(c)(i)(b)
September 24, 2007 – Section 34.10(1)(B)(4)(b)
November 6, 2007 – Section 34.10(1)(B)(1)(a) - sunsets February 7, 2008
April 30, 2008 – Section 34.10(1)(B)(4)(vii) (major substantive)
May 26, 2008 – Section 34.10(1)(B)(4)(b)(ii)&(iii)
May 26, 2008 – Section 34.10(1)(B)(2)&(4)
September 23, 2008 – Section 34.10(1)(B)(4)(c)(i)(b)
July 20, 2009 – Section 34.10(1)(B)(2)(a)&(c)(iv)
February 22, 2010 – Section 34.10(1)(B)(1)(b)(i); and (d); 10(1)(B)(2)(c); 10(1)(C)(6)
April 6, 2010 – Section 34.10(1)(B) and
January 1, 2011 – Section 34.10(1)(B)(4)(b)(i) Note: This season becomes effective Jan. 1, 2011
October 26, 2010 – Section 34.10(1)(B)(4)(c)
December 20, 2010 – Section 34.10(1)(B)(1)(e) and (2)(f); (C)(7)
August 22, 2011 – Section 34.10(1)(B)(2)(e) repealed, (f) renumbered to (e)
April 27, 2012-Sections 34.10 (1)(B)(2)(a)&(c) EMERGENCY, Expires July 26, 2012
July 23, 2012- Section 34.10 (1)(B)(2)(a)&(c)
April 16, 2013-Section 34.10(1)(B)(1)(b)(i);10(1)(B)(1)(d); and 10(2)(c)
May 16, 2013-Section 34.10 (1)(B)(1)(a) & (1)(B)(2)(a);EMERGENCY Expires August 14, 2013
July 25, 2013- Section 34.10 (1)(B)(1)(a) & (1)(B)(2)(a)
May 8, 2014-Section 34.10(1)(A)(6) added; 34.10(1)(B)(1)(e), 34.10(1)(B)(2) EMERGENCY Expires August 5, 2014
May 9, 2015-Section 34.10(1)(B)(2)(a); and 34.10(1)(B)(2)(c); EMERGENCY Expires August 6, 2015
August 8, 2015- Section 34.10(1)(B)(2)(a); and 34.10(1)(B)(2)(c)
July 12, 2016 – Repeal and Replace by Regular Rulemaking
August 7, 2017 Section 34.06(C)(1); 34.06(2)(b); 34.06(D)(2); 34.06(D)(2)(d); and 34.06(D)(4)
April 23, 2018- Section 34.07(A), 34.07(D)(4)&(8); EMERGENCY, Expires July 22, 2018
August 21, 2018-Section 34.07(A), 34.07(D)(4)&(8).
March 13, 2019-Section 34.07(C)(1)
July 17, 2019—Section 34.06
November 13, 2019-Section 34.06(D)(4)
May 6, 2020-Section 34.07(A)-Emergency rule-expires August 4, 2020
November 9, 2020-Section 34.07(A)-Adoption of emergency rule via regular rulemaking
May 6, 2021-34.07(A)-EMERGENCY
March 13, 2021-34.07(A)-Adoption of emergency rule via regular rule-making
September 1, 2022-34.06(C), (D), and (4)-EMERGENCY
March 18, 2023-34.01(A), and 34.05(B)(3)
August 18. 2023 – 34.06 (C) and (D) – EMERGENCY
November 5, 2023 - 34.06 (C) and (D), 34.07
July 27, 2024 – 34.06 (C) and (D) – EMERGENCY
October 6, 2024 – 34.06 (C) and (D)- Adoption of emergency rule via regular rulemaking
April 22, 2024 – 34.07 (A)(2) and (D)(4) & (5)
April 2, 2026 – 34.06 (C)(1) and (D)(2) – EMERGENCY
June 30, 2026 - 34.06 (C)(1) – filing 2026-137