13-188 C.M.R. ch. 49
1. A permit is required to engage in the shellfish bait fishery. A permit may be obtained by applying in writing to the Commissioner. The application must contain the following information:
A. Name and address of applicant
B. Names of crew
C. Vessel name and description
D. Type of harvesting gear proposed
E. Proposed areas of harvest
2. Harvester Permit Restrictions
A. Crew members must possess valid commercial shellfish licenses issued under 12 M.R.S.A. §6601.
B. Catch must be landed and distributed according to permit restrictions.
C. Catch may not be sold to certified shellfish dealers.
D. It shall be illegal for certified shellfish dealers to possess shellfish that is for bait only.
3. Reporting: See Chapter 8.20(J) Landings Program
4. Area and/or Season Restrictions
A. Fishing is allowed only in closed areas specifically described on the permit.
B. Fishing can occur only during daylights hours.
C. No fishing will be allowed in areas classified as approved (open areas).
5. Species Restriction
A. The permit authorizes the harvest of surf clams (Spisula solidissima) only.
6. Limitations
A. Clams must be shucked and dyed on the vessel. All containers of shucked
product must be dyed before they are landed. The die must discolor the shucked product in a manner that distinguishes it from certified shellfish for human consumption.
B. All containers must be labeled at sea with red tags stating – BAIT CLAMS ONLY - NOT FOR HUMAN CONSUMPTION.
1. Crew members must possess valid commercial shellfish license's issued under 12 M.R.S.A. §6601.
2. Catch must be landed and distributed according to permit restrictions.
3. Catch may not be sold to certified shellfish dealers.
4. It shall be illegal for certified shellfish dealers to possess shellfish that is for bait only.
1. Fishing is allowed only in closed areas specifically described on the permit.
2. Fishing can occur only during daylight hours.
3. No fishing will be allowed in areas classified as approved (open areas).
Marine mollusks, including shucked shellfish, may be bought, possessed, transported and sold strictly as bait in Maine under the following conditions:
1. Labeling
All shucked shellfish bought, possessed, transported and sold as bait must be labeled in the following manner: “WARNING-BAIT CLAMS ONLY (NOT FOR HUMAN CONSUMPTION)”. This warning must be placed on the container in plain view in a type size as large as the largest type of the label.
2. Limitations
A. All bait shellfish must contain dye that discolors it in a manner that distinguishes it from certified shucked shellfish suitable for human consumption. B. It shall be illegal for persons who are certified dealers in accordance with 12 MRSA §6856 to possess shellfish that is for bait only.
C. It shall be illegal for bait shellfish to be kept in the same cooler or display case as food for human consumption.
3. Reporting (see Chapter 8.05 and 8.10 Landings Program)
4. No shellfish bait permit will be required to buy, possess, transport and sell bait shellfish as long as this rule is adhered to.
1. Clams must be shucked and dyed on the vessel. All containers of shucked product must be dyed before they are landed.
2. All containers must be labeled at sea with red tags stating - BAIT CLAMS ONLY - NOT FOR HUMAN CONSUMPTION.
EFFECTIVE DATE:
February 3, 1996 – filing 96-26
EFFECTIVE DATE (ELECTRONIC CONVERSION):
February 24, 1997
NON-SUBSTANTIVE CORRECTIONS:
February 28, 2000 - converted to MS Word
AMENDED:
December 17, 2003 – repealed Section 49.03, filing 2003-467
NON-SUBSTANTIVE CORRECTIONS:
April 13, 2005 – Section numbering throughout, punctuation in Section 49.02(4), inserted missing word in Section 49.02(4)
AMENDED:
April 20, 2009 - Sections 49.01, 49.05, filing 2009-167