1. Tag system established. The commissioner shall establish by rule a lobster trap tag system under which lobster and crab fishing license holders and nonresident lobster and crab landing permit holders must purchase tags for the purpose of identifying and tracking traps. The rules must contain provisions for replacing lost tags. The commissioner may impose a per tag fee to cover the cost of trap tags, the costs of administering and enforcing a lobster trap tag system, the costs of management of the lobster fishery and the costs associated with lobster management policy councils and referenda pursuant to section 6447. Trap tag fees must be deposited in the Lobster Management Fund established under section 6431?C. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2?A.

[PL 2017, c. 197, §9 (NEW).]

Attorney's Note

Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class D crimeup to 1 yearup to $2,000
For details, see Me. Rev. Stat. Title 17-A § 1604

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

2. Penalties. A person may not fish or have on board a vessel a lobster trap unless the lobster trap is tagged in accordance with rules adopted pursuant to subsection 1. A person who violates this subsection commits:
A. A civil violation for which a fine of $250 must be adjudged if the person fishes 25 or fewer traps that are not tagged in accordance with rules adopted pursuant to subsection 1; and [PL 2017, c. 197, §9 (NEW).]
B. A Class D crime if the person fishes more than 25 traps that are not tagged in accordance with rules adopted pursuant to subsection 1. [PL 2017, c. 197, §9 (NEW).]

[PL 2021, c. 168, §5 (AMD).]

SECTION HISTORY

PL 1995, c. 468, §5 (NEW). PL 2003, c. 20, §WW3 (AMD). PL 2007, c. 201, §13 (AMD). PL 2017, c. 197, §9 (RPR). PL 2021, c. 168, §5 (AMD).