Welcome to the
Below is
the text of the "Guide to Lobstering in Maine"
|
A Word of
Warning: Information in
this booklet should not be relied upon for legal purposes. If you need further
information, please seek the advice of a professional by calling one of the
DMR’s Marine Patrol Offices (Boothbay (207) 633-9595 or Lamoine (207)
667-3373). |
When one thinks about the State of
Maine, lobsters come to mind. Historically, this resource has dominated the
ranks as Maine’s most valuable commercial fishery. In the year 2000 alone,
over 57,000,000 pounds were harvested in the state at a value of over
$187,000,000.
The Maine Department of Marine
Resources (DMR) is the state agency authorized to address matters concerning
the lobster industry and other fisheries associated with Maine’s coastal
resources. Its mission is to conserve and develop marine and estuarine
resources; to conduct and sponsor scientific research; to promote and develop
the Maine coastal fishing industries; to advise and cooperate with local,
state, and federal officials concerning activities in coastal waters; and to
implement, administer, and enforce the laws and regulations for these
enumerated purposes.
This booklet provides information
about the history of lobstering, the biology of the lobster, conservation
practices, and laws and regulations pertaining to the fishery in the State of
Maine. A written test for residents interested in acquiring a Noncommercial
Lobster/Crab License can be obtained by contacting the:
Department of Marine Resources
#21 State House Station
Augusta, ME 04333-0021
(207) 624-6550
The answer sheet to the test must
be completed and returned along with an application and the required fees to
the address listed above. Information can also be obtained at the following
websites: (www.maine.gov/dmr) for
lobster laws and regulations and (www.maine.gov/ifw)
for boating laws and rules.
Historically, lobsters were so
plentiful that Native Americans used them to fertilize their fields and to
bait their hooks for fishing. The first official Maine lobster landings were
reported by James Rosier, a member of Captain George Weymouth’s crew. In an
account of a voyage to Maine in 1605, Rosier wrote: "And towards night we
drew with a small net of twenty fathoms very nigh the shore; we got about
thirty very good and great lobsters.... which I omit not to report, because it
sheweth how great a profit fishing would be..."
In a sense, the Maine lobster
fishery began with Rosier’s account, and it is therefore probably the
oldest, continuously operated industry on the North American continent. Actual
development of the fishery, of course, did not take place until many years
later. In colonial times, lobsters were considered "poverty food."
They were harvested by hand along the shoreline and served to prisoners and
indentured servants, who exchanged their passage to America for seven years of
service to their sponsors. In Massachusetts, some of the servants finally
rebelled. They had their contracts state that they would not be forced to eat
lobster more than three times a week.
It is not entirely clear when
Maine lobsters were first marketed. The commercial importance of the fishery
in supplying out-of-state markets did not come about until after 1840.
Massachusetts dealers began looking to Maine lobster grounds for a continuing
supply of the species. A demand for fresh lobsters in the large marketing
areas of New York and Boston was a strong incentive for fishermen to
specialize in these crustaceans.
It is believed that the single
most factor which resulted in the exploitation of the lobster resource was the
sudden success of the canning industry. The spreading fame of Maine
lobsters and the lack of adequate facilities for distribution of fresh product
were the factors that stimulated the beginning of the canning industry in
1840. During the early years of this new industry, lobsters were brought by
smacks, sailing vessels with live wells, to the Eastport cannery from the
western part of the state. Before long, the success of the new venture led to
the construction of 23 factories scattered along the coast as far west as
Portland.
The canneries were so efficient at
processing that they were soon forced to work with smaller lobsters. In 1860,
James P. Baxter recalled that four-to five-pound lobsters were considered
small and two-pound lobsters were being discarded as not worth the effort to
pick the meat for canning. Only 20 years later, the canneries were stuffing
meat from half-pound lobsters into the tins for processing, a sign that the
fishery had been exploited by 1880. The canning industry made obvious the need
for conservation an law enforcement if the fishery was to survive.
Following the collapse of the
canning industry, the fresh lobster industry took over the commercialization
of the fishery. The first lobster pound appeared on Vinalhaven in 1875 and
others quickly followed. Originally in deep tidal creeks, today they are more
common on docks floating in the harbor. Using the pound, dealers could wait
for the price of lobster to increase or allow a newly-molted lobster time to
harden its shell. These live-storage facilities became the backbone of the
modern lobster industry.
By the 1930s, the traveling
smackmen were being replaced by local, land-based buyers who served as the
link between the harvesters and the public. The buyer purchased lobsters from
a harvester who in turn bought fuel, bait, and other gear from the buyer. The
local buyer then either sold the lobsters to people who came down to the docks
or turned them over to a regional dealer who sent the lobsters out of state.
Tidal pounds and other holding devices have made possible the development and
maintenance of more stable marketing conditions.
Records of annual harvest and the
value of the catch to the State’s fishermen have been kept with varying
degrees of regularity since 1880. More accurate and detailed records have been
compiled annually since 1939. Throughout the 1990’s, there have been
significant record high landings.
The American lobster (Homarus
americanus) is one of about 30 species of clawed lobsters found in the world’s
oceans. Characterized by its large claws, it is the only clawed lobster found
in the Northwestern Atlantic. A relatively shallow species, it ranges from
Labrador to North Carolina, with the largest concentrations found in the shoal
waters off Maine and the Canadian Maritimes.
The lobster is one of the many
ten-legged crustaceans found in the ocean. An animal without a backbone, it is
protected by an external skeleton composed of a flexible material called
chitin. This exoskeleton is a restrictive structure that must be shed before
the animal can grow. Therefore, a lobster’s life is a series of molts
regulated by a variety of other factors.
Since lobsters are bottom dwellers
at depths where light may be of low intensity, color may or may not constitute
camouflage. The familiar dark greenish blacks are most common, but mixed
colors, calicos, blues, reds, yellows, and even albinos, exist. The unusual
colored and color-patterned lobsters are genetic mutations. When any of these
lobsters are cooked, the pigment is altered by the heat to produce the
familiar red color.
The lobster’s body consists of
two parts: the joined head and thorax (often called the body) and the jointed
abdomen or tail. Two compound eyes at the ends of short flexible stalks are
located on either side of the sharp, bony projection called the rostrum. Also
attached to the head are two pairs of antennae, a short two branched pair used
in the chemical location of food and a long, whip-like pair used in touch and
orientation.
The lobster uses its claws in the
feeding process, with the crusher claw being the largest of the two.
Appendages near the mouth, called maxillipeds, direct the food to the jaws.
The food passes from the mouth to the three-chambered stomach by a short
esophagus. In the mid-chamber, the gastric mill, a set of chitinous teeth
grinds the food. In the posterior chamber, juices from the digestive gland
(often called the tomalley) start digestion. The food is absorbed by the
digestive gland and distributed throughout the body by means of the blood.
Undigested food passes through the intestine, located down the tail, and
exits via the anus. Liquid waste material is extracted from the blood by the
antennal glands and excreted through openings at the base of each second
antenna.
The gills are enclosed by the
curving edges of the carapace in a cavity called the gill chamber. Twenty
pairs of gills have numerous filaments arranged around a central axis,
somewhat like a bottle brush. The blood flows past these filaments on the
inside and sea water passes by the filaments on the outside, allowing the
exchange of gases. Water enters the gill chamber from the back and leaves from
the front. Movement through the chamber is the result of the constant beating
of the second maxilla, called the gill bailer. Every few minutes the gill
bailer reverses its beat for a few strokes to wash the silt or other debris
from the gills. This process maintains the gills at peak operating
efficiency.
Lobsters may take five to eight
years to reach sexual maturity. The female sex organs, called the ovaries or
"coral," are two cylindrical rods traversing from the middle of the
body to the tail. The openings from the ovaries to the outside are located on
the basal segment of the third walking legs. The female has a seminal
receptacle on the ventral surface near the junction of the thorax and abdomen,
which stores viable sperm up to two years after mating. Lobsters mate
seasonally, generally just after the female molts. The female releases a
continuous stream of eggs from the oviduct openings. As the eggs pass the
seminal receptacle, they are fertilized; covered with a glue-like substance,
they stick to each other and the swimmerets. The female protects her eggs from
predators, keeps them clean, and oxygenates them for nine to eleven months.
When the eggs are ready to hatch, the female walks into the current, uncups
her tail, and vigorously waves her swimmerets, which frees the free-swimming
larvae into the water. She releases them a batch at a time, a practice that
increases their chances for survival.
The lobster larvae are free
swimmers, but are distributed by the water currents. They rise to the surface
an actively seek their food from plankton. During this free-swimming
period, which lasts from 15 to 25 days, the lobsters are prey to many animals,
including their own kind. The newly hatched lobsters do not resemble the adult
lobster. They are about 8 mm long with large eyes and no claws. Over a period
of a few weeks, the larvae molt three times, changing in size and structure
until they look like miniature adults. As stage IV post larvae, they settle to
the ocean floor and become bottom dwellers.
The lobster molts about seven times the first year, then at a
slower rate from that point on. From first stage larva to adult legal size,
the lobster has molted between 25 to 27 times. It is estimated that a
one-pound lobster may be five to seven years of age. With each molt, a
legal-sized lobster may increase in carapace length by 14% and gain 40-50% in
weight. The record for the largest documented lobster goes to one taken off
Nova Scotia in 1977. It weighed 44 pounds, six ounces and may have been 100
years old.
One of the most remarkable
phenomena of the lobster is reflex amputation. It will throw off an appendage
when stimulated by shock, fear, or injury. In this way, it sometimes does
itself serious injury to escape a worse fate. However, it has the power to
regenerate, or grow back, a new part. A lost claw, walking leg, or antenna
will increase in size with each successive molt.
Marine resources have always been
a traditional part of Maine's culture. From fishing for cod back in the 1800's
to new species such as urchins and sea cucumbers, many generations of Mainers
have derived their income from the sea. An estimated 73 species of fish; 26
species of whales, porpoises, seals; and 1,600 different bottom-dwelling
organisms reside in the Gulf of Maine. There are currently over 70 marine
species being harvested commercially. The Department of Marine Resources is
required by Maine law to manage these and all emerging fisheries.
The management of the lobster
resource is in transition. The Federal Sustainable Fisheries Act, passed in
1996, identified the resource as being overfished and mandated the rebuilding
of the fishery. This requirement has driven numerous discussions at the
National Marine Fisheries Service (NMFS), the Atlantic States Marine Fisheries
Commission (ASMFC), the Lobster Advisory Council (LAC), and the State Lobster
Zone Councils. In 1997, the ASMFC began the implementation of an interstate
conservation plan for rebuilding the lobster stock. The Maine
Legislature, responding to LAC recommendations, implemented methods to limit
entry by zone into the lobster fishery. These measures will define how the
industry will look in the future.
The goal of the ASMFC Plan is to
maintain a healthy lobster resource by restoring egg production. Atlantic
coast-wide requirements include prohibition on possession of berried lobsters,
prohibition on possession of lobster parts, prohibition on possession of
v-notched female lobsters, requirement for biodegradable panels, requirement
for a minimum gauge size, limitation on landings by fishermen using gear or
methods other than traps, required permitting and trap tagging, required
escape vents, and a maximum trap size. In addition, commercial lobstermen are
limited to a maximum of 800 traps per vessel, prohibited from possession of a
lobster greater than 5" carapace length, required to v-notch all egg
bearing female lobsters, and required to maintain a zero tolerance definition
of v-notching. These conservation measures are strongly endorsed by the State
of Maine and its commercial lobstermen.
For
much more information on
Noncommercial Lobster/Crab Harvesters click here
In 1996, the State of Maine passed
a law allowing its residents a lobster/crab license for recreational purposes.
Traditionally, lobster fishing in Maine was strictly a commercial endeavor, so
with this privilege comes a level of responsibility on the part of the license
holder. Remember that lobstering is a heavily regulated fishery and that the
laws (rules) that apply to commercial harvesters apply to the noncommercial
lobstermen as well. Due to the increase of noncommercial licenses from 207 in
1997 to 2,109 in 2002, the Lobster Advisory Council requested that a training
program be developed for noncommercial harvesters. In 2002, a law was passed
requiring all applicants of Noncommercial Lobster/Crab Licenses to read the
information provided in this booklet and successfully complete a test
prior to receiving a license. In order to receive your license, please send
the completed answer sheet, your application, license fee, and tag fee
to:
Department of
Marine Resources
#21 State House Station
Augusta, ME 04333-0021
Should you fail the Noncommercial
Lobster/Crab License test, the Department of Marine Resources will return it
to you for a retake. If you have questions or need further clarification
concerning the information in this booklet or the laws, please feel free to
contact the Bureau of Marine Patrol Regional Offices or your local Maine
Marine Patrol Officer:
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Marine Patrol
Division I Department of Marine Resources PO Box 8 W. Boothbay Harbor, ME 04575 (207) 633-9595 |
Marine Patrol
Division II Department of Marine Resources 22 Coaling Station Lane Lamoine, Maine 04605 (207) 667-337
|
More information can be
obtained at the following websites: lobster laws and regulations (www.maine.gov/dmr)
and boating laws and rules (www.maine.gov/ifw).
For
up-to-date lobster laws, click here
The following information includes
highlights of the laws and regulations pertaining to lobster and crab fishing
in Maine. You will be required to follow these State laws and regulations. If
you have any questions, please call one of our offices or contact your local
Marine Patrol Officer. It is better to ask an officer before he/she finds you
in violation. For exact wording of the laws and regulations, refer to title
and section for each category, which can be found at the DMR website or by
contacting your nearest Marine Patrol Office (Boothbay 633-9595 or Lamoine
667-3373).
The Bureau of Marine Patrol is the
designated enforcement branch of the Department of Marine Resources. In the
field, Marine Patrol Officers are responsible for the enforcement of all
marine resource related laws and regulations. License holders have the duty to
submit to inspection and the search for violations related to licensed
activities. Refusal to permit inspection or seizure shall be basis for
suspension of any or all licenses. In addition, your license can be suspended
for a conviction for the violation of marine resources law (Title12 Sections
6306 and 6351).
Licensed Activity
Title 12, Section 6421
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As holder of a noncommercial
lobster/crab license, you must be a resident (see glossary) of the State
of Maine.
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The license authorizes you to
fish for, take, possess, ship or transport lobsters or crabs that you have
taken.
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The license does NOT authorize
you to sell lobsters/crabs.
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As a noncommercial license
holder, you may not submerge more than five (5) lobster traps at any one
time in Maine's coastal waters. This total of five includes crab
traps.
Note: This license only allows
you, the licensed individual, to engage in the activities discussed above. An
unlicensed individual with you may not engage in any licensed activity or
assist you, the license holder. These restrictions include the
following:
- Hauling/handling lobster traps
- Banding/measuring lobsters
- Baiting bags between hauling traps
- Operating boat between hauling traps
Methods of Fishing
Title 12, Section 6432
1. It is unlawful to fish for or
take lobsters by any method other than with conventional lobster traps.
2. When choosing your buoy color,
make sure that no one else in your area is fishing with similar color(s) or a
similar color pattern. Your buoy must be clearly and permanently marked with
your license number.
Examples: branding, painting, or permanent marker.
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The buoy color design shall be
displayed on the boat in one of two methods.
a) On both sides of the hull or on a panel
painted on both sides and attached to the boat’s forward topside in a
manner so as to be clearly visible on both sides of the boat. Each color
shall appear as a solid color strip 4 inches high and 18 inches long
abutting another color on its longest side to form a rectangle with a one
inch black border on all sides, OR
b) A buoy at least 12 inches long, mounted in a
manner so the color design is clearly visible on both sides of the
boat.
4. It is against the law to set,
raise, lift or transfer a lobster trap or buoy unless clearly marked with your
lobster/crab fishing license number.
Ex: engraved tags or plastic strip with permanent marker.
Note: Both buoys and traps
must be visibly marked with your lobster/crab license number.
Closed Periods
Title 12, Section 6440
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It is against the law to raise
or haul any lobster trap during closed periods.
a) It is unlawful to haul lobster gear from 1/2 hour after sunset
until 1/2 hour before sunrise between June 1st and October 31st.
b) It is unlawful to haul lobster gear after 4:00 PM EST Saturday
until 1/2 hour before sunrise the following Monday morning from June 1st
to August 31st, both days inclusive.
Lobster Measurement
Title 12, Section 6431
For
more information on Lobster Measurements click here
Lobsters must be measured with a
special double-sided gauge to make sure that they are "keepers." You
may purchase a gauge from your local fishing supply store. A legal lobster in
the State of Maine has a carapace or body shell length that measures between 3
1/4 inches and 5 inches. The measurement is made between the extreme rear of
the eye socket to the end of the carapace.
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Minimum lobster size has a
carapace or body shell length of 3 1/4 inches.
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Maximum lobster size has a
carapace or body shell length of 5 inches. Lobster measurement is
determined by the State of Maine’s double-sided gauge.
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Lobsters are measured from the
extreme rear of the eye socket, along a line parallel to the center line
of the body shell, to the rear end of the body shell. In order to be a
"keeper," this length must be at least 3 1/4 inches but no
longer than 5 inches.
Note: A common error made
by novice lobstermen is to measure over the horn or rostrum located above the
eye socket. Make certain that your measure is in the extreme rear of the eye
socket and below the horn.
Exception: No violation shall
occur if the illegal lobster is immediately liberated alive into the coastal
waters.
Penalty: A fine of $50 for the
violation and a fine of $25 for each illegal lobster involved up to five (5)
and then $50 for each additional lobster.
Mutilation: It shall be unlawful
to possess any lobster, or part thereof, which is mutilated in a manner which
makes accurate measurement impossible.
For
more information on Lobster Measurements click here
Egg Bearing Lobsters
Title 12, Section 6436
When a female lobster releases her
eggs, they are glued to the swimmerets under her tail. The number of eggs
carried by a female varies with her size. The smallest mature lobster in Maine
will produce about 6,000 eggs, while the largest will produce about 100,000
eggs. The female lobster protects and oxygenates her eggs for nine to eleven
months before they hatch out as larvae. The thousands of eggs under her tail
resemble berries, which is why a lobster with eggs is often referred to as a
berried female. Scientists estimate that only 1/10th of 1% of eggs that hatch
will survive to minimal legal size.
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It is against the law to take,
transport, sell or possess any lobster that is bearing eggs (carried under
the tail).
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Penalty for possessing an egg bearing
lobster is $50 for the violation and $100 for each
lobster.
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There is no violation if a
berried female is immediately liberated into coastal waters.
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It is illegal to remove the
eggs from a berried female. The penalty for removing eggs from a female
lobster is $500 for the violation and $150 for each lobster (Title 12,
Section 6438-A).
When a female releases her
eggs, they are green in color. A month before they hatch, the eggs will
become transparent, after which time the eyes of the embryo can be seen.
These eggs are about 1/16 of an inch in diameter.
In order to determine the sex of a
lobster, you must look at the first pair of appendages under the tail, called
swimmerets. They are positioned near the base of the last pair of walking
legs. The first pair of swimmerets are hard in the male, and soft and feathery
in the female. 1st Pair of Swimmerets 1st Pair of Swimmerets
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Check the first pair of swimmerets
under the tail and near the base of the last pair of walking legs.
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V-Notched Lobsters
Title 12, Section 6436, Regulation 25.15
For more
information on v-Notched Lobsters click here
All lobstermen in the State of
Maine participate in a mandatory v-notch program, requiring them to
notch all egg-bearing lobsters prior to liberation. The practice of notching a
known "breeder" extends her protection beyond the hatching of her
eggs. While viewing the top side, the flipper immediately to the right of the
center one is subject to be notched should the female lobster be carrying
eggs. A v-notch tool or a sharp knife is used to remove a one-quarter (1/4)
inch deep portion from the center of the flipper. This v-notch will remain
through the next few molts allowing her to reproduce for several years to
come. If the v-notch grows out, it should be renotched to the one-quarter
(1/4) inch size to maintain the protection of this breeder. A natural
occurrence may also cause mutilation to a female’s right flipper, which also
makes her illegal to possess.
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A female lobster marked with a
v-notch in the right flipper next to the middle flipper is illegal to
possess. The correct flipper is determined when the underside of the
lobster is down and the tail is toward the person making the
determination.
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It is illegal to possess a
female lobster mutilated in a manner which could hide or obliterate a
v-notch, including that missing flipper.
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No violation is charged if a
v-notched/mutilated female lobster is immediately liberated into
our coastal waters. The penalty for a v-notched/mutilated female is $50
for the violation and $50 for each lobster.
For
more information on v-Notched Lobsters click here
Lobster traps are also known
locally as "pots." The material used for construction has changed
over the years, but the basic compartmented design continues to attract and
catch lobsters. Today most lobster traps used in Maine’s fishery are
constructed of plastic-coated wire. They usually have two funneled openings
called "heads," through which lobsters enter the first compartment
commonly called the "kitchen." After feeding, lobsters may venture
through the inner funnel or parlor head into the compartment called the
"parlor."
Escape Vent
Title 12, Section 6433, Regulation
25.85
For
more information on Lobster Trap Escape Vents click here
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It is against the law to fish
for or take lobsters unless the lobster trap is equipped with unobstructed
vents or gaps in the parlor section. There are two types of plastic vents
used in wire traps: rectangular and circular.
a) Rectangular Vent: This vent has an opening of
1 15/16 inches by 5 3/4 inches. The vent can be placed near the bottom of
the trap with the vent opening no higher than one row of mesh from the
bottom. The vent can also be placed on top of the parlor section, but must
be over the parlor head.
b) Circular Vent: This vent has
two circular openings 2 7/16 inches in diameter and commonly referred to as
"crab vents." Circular vents can only be used in a trap when the
vent is placed in the trap horizontally, not vertically one above the other.
Circular vents can be put in the
parlor section of the trap along the bottom edge or on the top of the parlor
section, but must be over the parlor head.
c) If you have wooden traps, you
must have an opening of 1 15/16" along the bottom edge, which can be
accomplished by separating the laths of the parlor section or over the head of
the parlor section.
For
more information on Lobster Trap Escape Vents click here
Biodegradable Escape Panel
Title 12, Section 6433-A, Regulation 25.80
For
more information on Biodegradable Escape Panels with pictures click here
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Biodegradable Escape Panel:
All lobster traps must be equipped with a biodegradable ghost panel. A
"ghost panel" is a panel which is designed to release lobsters
from traps which are lost while fishing. Oftentimes, the ghost panel and
escape vent are combined into one unit. This can be accomplished by using
ferrous metal hog rings (3/32" in diameter or less) to hold the
plastic escape vent in place instead of stainless steel hog rings. Just be
sure that enough of the trap wire is cut out behind the escape vent to
meet the required opening of 3 3/4 inches by 3 3/4 inches for a ghost
panel. By providing a large opening when the hog rings dissolve, the trap
does not continue to retain lobsters if it is lost on the bottom.
Every lobster trap must have an
unobstructed ghost panel located near the bottom edge of the parlor section,
either on the sides, at the end, or on the top if the ghost panel is placed
directly over the head.
a) Other than ferrous metal hog rings, ghost panels may be attached using
untreated natural material such as cotton, hemp, sisal, jute twine not
exceeding 3/16 of an inch in diameter, or soft wood lath
b) Any material may be used as a panel if it is held in place by any of the
materials listed above in section A.
c) Panels must be constructed in such a manner as to create an unobstructed
opening of at least 3 3/4 inches by 3 3/4 inches or in a wooden trap, an
unobstructed opening at least 3 inches wide along the entire length or height
of the parlor section when the panel is removed or opened.
For
more information on Biodegradable Escape Panels with pictures click here
Tagged Traps
Title 12, Section 6431-B, Regulation 25.08
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Tagged Traps: All lobster
traps, both commercial and noncommercial, must have current State issued
tags installed in them to be fished or transported by vessel. The tags
must be purchased from the Department of Marine Resources and replaced
yearly. New tags must be installed by June 1st of each year. The tags are
required to be securely attached to the bridge of the trap.
Note: Trap tags issued to noncommercial lobster/crab license
holders do not display the lobster/crab license number and therefore do
not fulfill this requirement. The license number needs to be added to the
trap. If a tag is lost or broken, it must be replaced. Contact your local
Marine Patrol Officer or DMR headquarters for replacement tags.
Trap Runners
Title 12, Section 6433-B
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Trap Runners: A lobster trap
must have a device attached to the trap that is designed to prevent damage
to the lobster’s claws.
a) If stick runners are used:
- The runners may be made out
of any material
- The runners must be at least
1/4 inch thick and
- A minimum of two runners must
be attached to the lobster trap, placed on opposite sides of the bottom of
the trap.
b) If a second layer of material is used in lieu of
stick runners:
- The material must be layered
in a manner that creates a mesh size smaller than the base trap mesh when
attached to the bottom of the trap.
c) If a device other than identified in sections A or B
is used, it must be designed to minimize damage to the lobster’s claws
and must be approved by the Commissioner of the Department of Marine
Resources.
Molesting Lobster Gear
Title 12, Section 6434
It is unlawful for anyone except
the licensed owner, or a Marine Patrol Officer to raise, lift, transfer,
possess, or in any manner molest any lobster trap, warp, buoy, or lobster car.
A conviction under this section carries a mandatory administrative penalty of
three (3) years loss of license.
Underwater Storage
Title 12, Section 6443
Any trap or other container used
for storing lobsters beneath the surface of the coastal waters must be clearly
marked with the fishing license number of the person storing the lobsters. Any
trap or other container and the contents within, found in violation of this
section may be seized and the contents returned to their natural
habitat.
Federal Whale Gear
Modifications
Required for all traps in Maine Coastal Waters
Title 50, Subpart 229.32
For
more information on
Whale Take Reduction Gear Options click here
In addition to lobster
conservation, the Marine Mammal Protection Act and Endangered Species Act
provide conservation and protection of marine mammals and turtles. The
Atlantic Large Whale Take Reduction Plan (ALWTRP) has been developed to reduce
to a rate approaching zero fishing gear entanglements that cause serious
injury or mortality to all Large Whales. The State of Maine is fully committed
to the protection of the Atlantic Large Whales, while at the same time
protecting the economic and operational realities of our State's fisheries.
The Department of Marine Resources has implemented a State Take Reduction
Plan, which is composed of two primary components: a sightings/surveillance
network and a disentanglement network.
The ALWTRP mandates whale safe
modifications for all lobster gear. The universal requirements are no line
floating at the surface, no wet storage of gear, and encouragement of
knot-free buoy lines.
One of the following three options
must be used no matter where you fish. The federal requirements for Maine
state waters are:
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All buoys must be attached to
the buoy lines with a weak link having a breaking strength no greater than
600 pounds, OR
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All buoy lines must be made
entirely of sinking and/or neutrally buoyant line, OR
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All ground lines must be made
entirely of sinking and/or neutrally buoyant line.
Note: Weak links may
include swivels, plastic weak links, rope of the appropriate strength, hog
rings, rope stapled to a buoy stick, or devices approved in writing by the
National Marine Fisheries Service (NMFS). In addition, the weak link must be
designed so that the bitter end of the buoy line is free of knots when the
weak link breaks.
For
more information on
Whale Take Reduction Gear Options click here
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Classification of Boats
Class A: Less than 16 feet
in length
Class 1: 16 feet to less
than 26 feet in length
Class 2: 26 feet to less
than 40 feet in length
Class 3: 40 feet to less
than 65 feet in length |
Length means the distance measured
from end to end over the deck, excluding sheer. It is the straight line
measurement of the overall length, stated in feet and inches, from the
foremost part of the vessel to the aftermost part measured parallel to the
centerline, excluding outboard motors, brackets, bowsprits, rudders, and
similar attachment.
The operator of any watercraft on
the waters of Maine shall be responsible to see that said craft is equipped as
specified in this regulation. Nothing in this regulation shall be construed to
permit the operation of any watercraft on the federal waters in Maine unless
they conform to all applicable federal laws and regulations pertaining
thereto.
To
learn more about Personal Floatation Devices click here
All personal flotation devices
(Types I, II, III) used aboard watercraft shall be Coast Guard-approved,
clearly labeled or imprinted as such, placed so as to be readily accessible in
the craft, maintained in good and serviceable condition, and of an appropriate
size for whom the person it is intended. Devices designed to be thrown (Type
IV) shall be immediately available on said craft. Devices which use kapok or
fibrous glass for flotation material must have such material encased in
plastic covers. The purpose of a personal flotation device, commonly referred
to as a life jacket, is to provide additional buoyancy to help you float.
Buoyancy is the force required to keep you afloat with your head and chin
above water. This force is expressed in pounds.
Several factors affect the amount
of buoyancy that a person may need to float. These include size, weight, lung
size, age, percent of body fat and a person's physical condition. Because of
these varying factors, it is best to try your personal flotation device in the
water before an actual emergency occurs to ensure that it will keep you
afloat. Shown below are different types of PFD's.
Type I: This is the easiest
PFD to pull on in an emergency and is designed for extended survival in rough,
open water. It usually will turn an unconscious person face-up and has 22
pounds of buoyancy. This is the best PFD to keep you afloat in remote regions
where rescue may be slow in coming.
Type II: This
"classic" PFD comes in several sizes for adults and children and is
for calm inland water where there is chance of fast rescue. It is less bulky
and less expensive than a Type I and may turn an unconscious person face-up in
the water. It has 15.5 pounds of buoyancy.
Type III: These life
jackets are generally considered the most comfortable, with styles for
different boating activities and sports. They are for use in calm water where
there is good chance of fast rescue since they will generally not turn an
unconscious person face-up. Flotation aids come in many sizes and have a
minimum buoyancy of 15.5 pounds.
Type IV: These are designed
to be thrown to a person in the water. Throwable devices include boat
cushions, ring buoys, and horseshoe buoys. They are not designed to be worn
and should be supplemented by a PFD. It is important to keep these devices
easily accessible for emergencies; they should not be used for small children,
non-swimmers, or unconscious people.
Type V: SPECIAL USE DEVICE
is intended for specific activities and may be carried instead of another PFD
only if used according to the approval condition(s) on its label. A Type V PFD
provides performance of either a Type I, II, or III PFD (as marked on its
label). If the label says the PFD is "approved only when worn," the
PFD must be worn, except for persons in enclosed spaces, and used in
accordance with the approval label to meet carriage requirements. Some Type V
devices provide significant hypothermia protection. Varieties include deck
suits, work vests, board sailing vests, and vests with safety harness
Immersion Suit: An
immersion suit, or survival suit, will delay the effects of hypothermia in
cold water. It keeps the wearer dry, warm, and afloat. It is impractical to
wear while working or operating a boat because it restricts maneuverability
and it is very warm. It should be kept on board boats for emergency
situations. Immersion suits should be stored and maintained according to the
manufacturer's instructions.
The U.S. Coast Guard and Maine law
require that you must have USCG-approved PFD's on your recreational boat. The
number and type that you will need depend on the size of your boat, the number
of people on board, and the age of the people on board. Your PFD's must be in
good and serviceable condition. If they become torn or water-soaked to the
point that they will not dry out, they should be replaced. PFD's must also be
readily available. They should not be stored away or kept in their original
packaging.
Watercraft Under 16 feet in
length: If your boat is less than 16 feet long or is a canoe or kayak of any
length, you must have a WEARABLE (TYPE I, II, or III) PFD FOR EACH PERSON ON
BOARD ON ALL WATERS.
Watercraft 16 feet or longer: If
you boat is 16 feet or longer, you must have a wearable PFD (Type I, II, III )
for each person on board, PLUS at least one throwable device (Type IV) on
board. For example: If you have 3 people on board your 16-foot boat, you need
4 PFD's: 3 wearable PFD's and 1 throwable.
While wearing your PFD is not
normally required by law, there are four exceptions to this:
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Children 10 years of age and
under must wear a Type I, II, or III PFD while on board all watercraft
while underway.
-
Anyone canoeing or kayaking on
the Saco River between Hiram Dam and the Atlantic Ocean between January
1st and June 1st must wear a Type I, II, or III PFD.
-
Anyone operating or riding on
a personal watercraft (jet-ski, etc) must wear a Type I, II or III PFD.
-
Any person being towed on
water-skis, surfboards, or similar devices must wear a life jacket, life
belt, or similar lifesaving device.
EXCEPTIONS:
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Canoes owned by a boys' or
girls' summer camp located upon internal waters in Maine, duly licensed by
the Dept. of Human Services, and utilized by campers under the direction
and supervision of a camp counselor at least 18 years of age or older
during training and instruction periods on waters adjacent to the main
camp within a distance of 500 feet from the shoreline of that camp, shall
be exempt from the PFD requirements.
-
Log rafts carrying not more
than two persons and used on ponds or lakes or internal waters of less
than 50 acres in area are exempt from carrying PFD’s.
To
learn more about Personal Floatation Devices click here
To
learn more about Visual Distress Signals click here
Any boat 16 feet or more in length
or any boat carrying six or less passengers for hire on coastal waters must
carry U.S. Coast Guard-approved visual distress signals (which must be readily
available and in good serviceable condition). Devices suitable for day use and
devices suitable for night use, or devices suitable for both day and night
use, must be carried.
Between sunset and sunrise, no
person may use a boat less than 16 feet in length on coastal waters unless
U.S. Coast Guard approved visual distress signals suitable for night use are
on board.
No person may use a boat unless
the required U.S. Coast Guard-approved visual distress signals are readily
available and in good and serviceable condition. Exceptions: The following
persons are exempt from carrying visual distress devices suitable for day use;
however, they must carry on board U.S. Coast Guard-approved visual distress
signals suitable for night use when operating between sunset and
sunrise.
-
A person competing in any
organized marine parade, regatta, race or similar event;
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A person using a manually
propelled boat; or
-
A person using a sailboat of
completely open construction, not equipped with propulsion machinery,
under 26' in length.
To
learn more about Visual Distress Signals click here
Fire Extinguishers
To
learn more about Fire Extinguisher Vessel Laws click here
Fire extinguishers are classified
by letters and numbers according to the type and size fire they can put out.
The letter "B" indicates this fire extinguisher is capable of
putting out a fire caused by flammable liquids, such as gasoline or oil. Never
attempt to use water to put out a gasoline or oil fire. This will only spread
the fire. Fire extinguishers should be checked for cracked or broken hoses.
Always keep the nozzles free of any obstructions. Check the pressure gauges
for proper pressure. Make sure that locking pins and sealing wires are in
place. When a fire extinguisher is required, it must be kept in condition for
immediate use and placed so as to be readily accessible at all times.
When Are Fire Extinguishers Required?
Vessels without a Fixed Fire
Extinguishing System are required to carry:
Less than
26’ – 1 B-I Extinguisher
26’ to
less than 40’ – 2 B-II Extinguishers
40’ to
less than 65’ – 3 B-II Extinguishers
Vessels with a Fixed Fire
Extinguishing System are required to carry:
Less than
26' -- Not Required
26' to less
than 40' - 1 B-I Extinguishers
40' to less
than 65' - 2 B-I Extinguishers
Vessels less than 26’ which are
propelled by outboard motors and are not carrying passengers for hire are not
required to carry such fire extinguishers if the construction of such
motorboats will not permit the entrapment of explosive or flammable gases or
vapors. Bait wells, glove compartments, ice chests, open slatted floors, and
sealed compartments completely filled with buoyant flotation material are not
considered to be a closed compartment.
One B-II extinguisher may be
substituted for two B-I extinguishers.
Check Your Extinguisher’s
Pressure Gauge Regularly.
NOTE: Whether or not your
motorboat is required to carry a fire extinguisher, it is always a good idea
to have one on board in case an emergency arises.
To
learn more about Fire Extinguisher Vessel Laws click here
Ventilation
Regulations require ventilation of
all enclosed engine and fuel tank compartments on gasoline powered boats.
Ventilation ducts must be at least two inches in diameter. Intake ducting must
extend midway to the bilge, or at least below carburetor air intake level.
Exhaust ducting must extend from the lower bilge to cowls in the open air.
Manufacturers install exhaust blowers in engine compartments so gasoline fumes
can be removed before engines are started.
Flame Arrestors
Internal combustion engines may
backfire. To protect against fire, all motorboats, except outboards and
diesels, must have a Coast Guard-approved backfire flame arresting device on
each carburetor.
Whistle (horn) and Bell Requirements
Every motorboat must be provided
with an efficient whistle, horn, or other sound-producing device. See the
chart below for requirements. Motorboats propelled by outboard motors while
competing in authorized races or use incidental to tuning up of such boats for
a race need not comply with these requirements. Except on emergency or
enforcement motorboats or to give fog signals, no sirens shall be used.
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Length of Vessel
|
Type of Device
|
|
Less than 39’4"
No Bell Required |
Some means of making
sufficient sound signals
|
|
39’4" to 65’7"
Bell Required
|
Whistle audible for 1/2 mile |
|
65’7" to 245’11"
Bell Required
|
Whistle audible for 1/2 mile |
Navigational Lights
Every watercraft in all weathers
operating on inland waters from sunset to sunrise shall carry and exhibit the
following lights when underway and during such time no other lights that may
be mistaken for those prescribed shall be exhibited. Every white light
prescribed by this section shall be of such character as to be visible at a
distance of at least two (2) miles. Every colored light prescribed by this
section shall be of such character as to be visible at a distance of at least
one (1) mile. The word "visible" in this subsection, when applied to
lights, shall mean visible on a dark night with clear atmosphere.
-
Motorboats of Classes A and
1:
-
A bright white light aft to
show all around the horizon.
-
b. A combined light in the
fore part of the vessel and lower than the white light aft, showing
green to starboard and red to port, so fixed as to throw the light from
right ahead to two points abaft the beam of their respective sides.
-
Motorboats of Classes 2 and 3:
-
A bright white light in the
fore part of the vessel as near the stem as practicable, so constructed
as to show an unbroken light over an arc of the horizon of twenty (20)
points of the compass, so fixed as to throw the light ten (10) points on
each side of the vessel; namely, from the right ahead to two points
abaft the beam on either side.
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A bright white light aft to
show all around the horizon and higher than the white light
forward.
-
On the starboard side a
green light so constructed as to show an unbroken light over an arc of
the horizon of ten (10) points of the compass, so fixed as to throw the
light from right ahead to two (2) points abaft the beam on the starboard
side. On the port side a red light so constructed as to show an unbroken
light over an arc of the horizon of ten (10) points of the compass, so
fixed as to throw the light from right ahead to two (2) points abaft the
beam on the port side. The said side lights shall be fitted with inboard
screens of sufficient height so set as to prevent these lights from
being seen across the bow.
-
Watercraft Under Sail: Each
motorboat and any other type of watercraft, when propelled by sail alone,
shall carry only the combined light or separate side lights as appropriate
to its class, and in addition, one white light at the stern so constructed
that it shall show an unbroken light over an area of the horizon of 12
points of the compass so fixed as to show the light 6 points from right
aft on each side of the vessel.
-
Watercraft Under Sail and
Motor: When propelled by sail and machinery, any motorboat shall carry the
lights required by this section for a motorboat propelled by machinery
only.
-
Watercraft Manually Propelled:
All other watercraft not propelled by machinery such as rowboats, canoes
and rafts, and which are only operated by hand power, rowed, paddled or
navigated by the current, shall have ready at hand a lantern or flashlight
showing a white light which shall be exhibited in sufficient time to
prevent collision.
-
Watercraft At Anchor: Any
motorboat anchored on solely internal waters from sunset to sunrise, while
occupied by a person or persons, may display in lieu of the above
navigation light a single white light showing all around the horizon (32
points).
-
Enforcement Lights: Only those
watercraft used by any law enforcement officer authorized to enforce this
regulation or any of the laws of Title 12, Chapter 715, are permitted to
use or display a distinctive blue colored, pulsating or revolving light
for the purposes of enforcing these laws on the waters of Maine in
addition to any other navigation lights required.
-
Towboats: Towboats, when
towing booms or rafts of wood products on solely internal waters of this
state, shall display, in addition to the required lights for said
watercraft, a flashing or pulsating amber light on either or both the
towboat and the towed raft.
-
International Lights: Any
watercraft using International Waters between sunset and sunrise must
display lights required under International Regulations for Preventing
Collisions at Sea (Colregs 1972). Lights under International Rules may be
shown on inland waters.
Annis, Eric; Fig. 8 and 9.
Boothbay Historical Society; Fig.
1, circa 1900.
Department of Inland Fisheries and
Wildlife; Boating Safety
Regulations, pages 25-33.
Department of Marine Resources’
Archives; Fig. 2, 3, 4, 7, 13, 14, and 20.
Department of Marine Resources’
Education Division; Fig. 10, 14, 16, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28,
30, and 31.
Department of Marine Resources’
Lobster Booklet Design Committee; Jon Cornish, Abby Deitz, Elaine Jones,
Marlowe Sonksen, Terry Stockwell, and Carl Wilson.
Department of Marine Resources’
Marine Patrol; Fig. 11.
Department of Marine Resources’
Records, Lobster Program; Fig. 5 and 6.
McKay, Jean and Robert, cover.
Mosher Jodi, Marine Patrol
Officer; Fig. 12, 15, 17, and 20.
National Marine Fisheries Service;
Fig. 29.
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