13-188 DEPARTMENT OF MARINE RESOURCES

Chapter 50: SPINY DOGFISH AND COASTAL SHARKS

50.01 Definitions

1. 1. “Coastal Sharks” means for the purpose of these regulations the following species of shark caught in Maine’s territorial waters: sand tiger, bigeye, whale, basking, white, dusky, bignose, Galapagos, night, reef, narrowtooth, Caribbean sharpnose, smalltail, silky, Atlantic angel, longfin mako, bigeye thresher, sharpnose sevengill, bluntnose sixgill, sandbar, bigeye sixgill, and North Atlantic shortfin mako sharks.
   1. 2. “Finning” means the act of taking a spiny dogfish, porbeagle or other coastal shark, removing the fins, and returning the remainder of the spiny dogfish, porbeagle or other coastal shark to the sea.
   2. 3. “Spiny dogfish” means the genus and species Squalus acanthias.
   3. 4. “Porbeagle shark” means the genus and species Lamna nasus,

50.02 Harvest, Possession and Landing Restrictions

1. A. Spiny Dogfish

When the annual Atlantic Marine Fisheries Commission quota for spiny dogfish is reached it shall be unlawful to fish for, take, have in possession or land spiny dogfish, taken from Maine territorial waters. Persons shall be informed by public notice in a newspaper with statewide circulation when the annual quota for spiny dogfish taken from Maine territorial waters has been reached. This is in accordance with the annual quota established by the Atlantic States Marine Fisheries Commission.

1. (1) Exception
   1. (a) This rule shall not apply to vessels or individuals who harvest or possess dogfish for research or biomedical use, provided such vessels or individuals have a permit from the Commissioner of Marine Resources.
      1. (b) Any person may fish for, take, possess, or transport one dogfish per day provided that the dogfish is for personal use only.

(2) Spiny Dogfish Trip Limit

Effective May 1, 2022, it is unlawful to harvest, land or possess more than 7,500 pounds of spiny dogfish per calendar day or 24-hour period when the Maine territorial waters are not closed to the taking of dogfish in accordance with Chapter 50.02(A).

1. B. Porbeagle shark

(1) The commercial harvest of porbeagle sharks is prohibited in Maine’s territorial waters.

(2) When the quota for porbeagle shark is reached in federal waters it shall be unlawful to fish for, take, have in possession or land porbeagle shark in Maine. Persons shall be informed by public notice in a newspaper with statewide circulation when the annual quota for porbeagle shark taken from federal waters has been reached. This is in accordance with the Interstate Fisheries Management Plan for Atlantic Coastal Sharks established by the Atlantic States Marine Fisheries Commission.

1. C. Coastal Sharks

The take of Coastal Sharks, as defined in Chapter 50.01(1), is prohibited in Maine’s territorial waters.

1. 50.03 Spiny Dogfish Endorsement for Dealers, License for Harvesters, Reporting Requirements and Quota

A. Harvester License and Dealer Endorsement

1. (1) Commercial harvesters must obtain a Commercial Pelagic and Anadromous Fishing License in order to participate in this fishery.
   1. (2) Wholesale license-holders must obtain a dogfish buying endorsement before April 15th in order to participate in this fishery.
   2. B. Reporting: See Chapter 8. Future license or endorsements will be dependent upon reporting compliance.
   3. C. Quota: Fishing for spiny dogfish is subject to the annual quota specified by the ASMFC and NMFS Spiny Dogfish specifications. The annual quota is established annually by May 1st for the fishing year.

50.04 Shark, Dealers

1. A. Dealer permit requirement
   1. Maine Wholesale license-holders who purchase Coastal sharks or porbeagle shark must obtain a federal dealer permit.
2. 50.10 Finning Prohibited

Finning is prohibited in Maine territorial waters. Vessels that land spiny dogfish, porbeagle or coastal sharks must have the head, fins and tails attached naturally to the carcass through landing. The porbeagle, coastal shark or dogfish may be bled.

STATUTORY AUTHORITY:

12 MRS §6171

EFFECTIVE DATE:

December 24, 2000

AMENDED:

June 27, 2006 – Section 50.02(B), filing 2006-282

June 27, 2006 – Section 50.01 and 50.10, filing 2006-283

June 25, 2007 – Section 50.02(A)&(B), 50.03, filing 2007-254

February 25, 2008 – Section 50.02(A)&(B), filing 2008-86

February 22, 2010 – filing 2010-44

October 26, 2010 – Section 50.03, filing 2010-510

April 16, 2013 – Section 50.02(A)(2), filing 2013-086

October 7, 2014 – filing 2014-250

August 26, 2020 – filing 2020-195

May 1, 2022 – Section 50.02(A)(2), filing 2022-073 (EMERGENCY)

August 16, 2022 – Section 50.02(A), filing 2022-150