13-188 C.M.R. ch. 25, § 40 - Green Crabs

A. Definitions

(1) Green Crab. The green crab is defined as the species Carcinus maenas, also known as the common shore crab.

(2) Green Crab Trap. "Green crab trap" means a trap, pot or other stationary contrivance or device that may be set on the ocean bottom and used for taking green crabs in compliance with the regulations in Chapter 25.40(B)(1)(b).

B. Trap Design and Marking Requirements

(1) It shall be unlawful to fish for or take green crabs with a trap other than:

(a) A trap constructed with any opening greater less than 11/2 inch wide; any length is allowed; or

(b) An approved crab trap as defined in Chapter 25 02(C).

(2) Escape Panel. All green crab traps must be equipped with a biodegradable escape panel located next to the bottom edge that has a minimum size of 3 3/4 inches by 3 3/4 inches.

(3) Marking. It shall be unlawful to set, raise, lift or transfer any green crab trap unless it is clearly marked with a buoy that has the owner's green crab fishing license number written on it. No floating or neutral line will be allowed. A green crab only license holder must display a buoy with the green crab license number, and the buoy must be mounted in a manner so that it is clearly visible on both sides of the boat.

C. Limitations

(1) Fishing Method. Green crabs may be taken as a by-catch by DMR licensed commercial lobster fishermen or by traps that meet the design and marking requirements in Chapter 25.40(B), by hand, hook and line, or as by-catch in another licensed fishery.

(2) Trawl Trap Limit. It shall be unlawful to have on a trawl more than 3 green crab traps on one warp and buoy.

(3) Fishing Area. Fishing for green crabs shall be limited to the territorial waters of the State of Maine defined as 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.

(4) Lobster By-catch Prohibited. The holder of a commercial green crab only license may not be in possession of any lobster or lobster parts in accordance with 12 M.R.S. §6808(8) or other marine organism in accordance with laws and regulations pertaining to the taking or possession of that species. Otherwise, any marine organism caught by a green crab trap other than green crabs shall be immediately liberated at the location of capture.

(5) Exemptions

(a) Personal Use. A license is not required to fish for, take, possess or transport green crabs for personal use pursuant to 12 M.R.S. §6808(4).

(6) Enforcement. Marine Patrol Officers may inspect, at any time, any trap or related equipment to ensure compliance with this regulation.

(7) Night prohibition. It shall be unlawful to fish for or take green crabs during the period 1/2 hour after sunset, as defined in 12 M.R.S. §6001(46), until 1/2 hour before sunrise, as defined in 12 M.R.S. §6001(45).

(8) Bait. Bait used in green crab traps shall comply with all applicable regulations pursuant to 12 M.R.S. §6175 and §6432-A and Chapter 25.11.

D. License

(1) License Required. It is unlawful to take green crabs without a license pursuant to 12 M.R.S.A. §6808, or as a by-catch in another licensed fishery.

Notes

13-188 C.M.R. ch. 25, § 40